Drivers got treats, not tickets, during one weird corporate promotion
If a cop pulled you over, fired off some terse questions, and then retreated to his vehicle to “get something,” what would you expect? A ticket? A call for backup? Certainly nothing good, right?
Well, for a few hours in Quincy CA, drivers were getting the last thing they ever expected from a cop during a routine vehicle stop: an ice cream cone. The stunt was part of a promotion for Wall’s Ice Cream. While it was certainly a pleasant surprise for these drivers to get a treat instead of a ticket, it does raise questions of what is or isn’t legal during a vehicle stop. Next time you get stopped, will you know your rights?
Tips for DUI Stops
You Do Not Have to Pass Through a DUI Checkpoint
DUI checkpoints are meant to be aids to public safety, not chances to entrap unsuspecting motorists. All checkpoints are required to be advertised in advance, highly visible, and clearly marked. You can avoid going through DUI checkpoints either by keeping on top of police announcements and avoiding affected areas entirely, or by simply choosing to bypass checkpoints when you see them. As long as you can get away from the checkpoint without violating any traffic laws or driving at all recklessly or unsafely, you are within your rights to do so.
You Do Not Have to Take a Field Sobriety Test
Field sobriety tests are feats of coordination designed to test for mental and/or physical impairment due to drugs or alcohol. Contrary to popular belief, you are not required to submit to a field sobriety test, nor should you in most cases. These tests are designed for you to fail, and they are notoriously unreliable. By taking the test, you would only be giving the other side evidence against you.
You Do Not Have to Permit a Search of Your Vehicle
Just because an officer asks your permission to search your car does not mean you have to give it. Generally speaking, police don’t ask permission to do what is within their legal rights to do! If they had probable cause to search your vehicle for drugs at a DUI stop, they would just do it without asking.
You Do Not Have to Take a Breathalyzer Test
Most drivers are not legally obligated to take a Breathalyzer test when stopped for DUI. However, bear in mind that if you refuse this test you will almost certainly be taken to the police station to take a blood, breath, or urine test later. You must take one of these tests or face a penalty of at least 1 year license suspension. The benefit of refusing the Breathalyzer is that your BAC may slip below the legal limit in the time it takes to get to the station, and, perhaps more importantly, you will have the chance to take blood or urine tests where the sample will be saved for future review and possible challenge by your attorney.
You Should Hire an Attorney
The realm of DUI law can be complicated, so it is definitely in your best interests to hire an expert DUI attorney to help guide you through the process and make sure every possible avenue for your defense gets explored.
