Merry Christmas. You are getting pulled over for a DUI. The truth of the matter is over the holiday season checkpoints and DUI arrests are up we do not encourage you to drink and drive but if you are pulled over you must cooperate with law enforcement you do not have to answer their questions. You do not have to do their field sobriety tests. The only thing you are required to do is give a blood or breath test after the point of arrest. Once again you can refuse to answer their questions, you can refuse to perform any field sobriety tests, but you must give a blood or breath test once you are arrested for DUI.

By kindly refusing their tests and their questions you allow your defense attorney to argue that there was no probable cause to arrest for a DUI. This is a particularly strong defense and a checkpoint situation when there is no observable bad driving.

Once again, we do not encourage you to drink and drive but these are some of the legal defenses that can be employed if you find yourself in that situation.

Stay Safe and Happy Holidays

Tis the Season!