A few cocktails and possibly even a few road sodas. You’ve had a great night out. And then it happens. You see blue lights in your rear view mirror and hear he the dreaded sound of a siren. You think to yourself how careful you’ve been driving. You are about to face either the best or one of the worst nights of your life. Remember this: Police have discretion. There are very few examples of mandatory arrest. OUI is not one of them. Here are a few things to consider.
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Implied consent. When you get your license in Massachusetts, you are consenting to a breathalyzer. You have no right to a driver’s license. The state says it is a privilege. Refusing a breath test entails losing your license for at least 180 days. If you take the test and fail, you lose your license for 30 days.
You have the right to refuse field sobriety tests.
Everybody thinks they have a right to a doctor. You do, but not like you think. You better have your doctor on speed dial and hopes he wants to come to the police station to draw your blood. The police don’t make those arrangements for you.
Past convictions. There is no longer a 10 year look back period. Under Melanie’s Law, there is now a lifetime look back period including out of state convictions. Every OUI conviction counts no matter how long ago or where it happened.
Here are a few tips and observations if you must drink and drive...
1. The cop tells you that you’ve had too much to drink. He continues on saying he’s towing your car, you can pick it up the next day, and call somebody to come pick you up. It happens more often than you could ever imagine. Just say thank you.
2. Don’t fall asleep at a stop light with your foot on the brake if you are cocked. We all know somebody like this.
3. Chewing gum and rifling butts does not mask the booze that is seeping out of you.
4. Don’t start with the, “My lawyer is gonna destroy you,” or “I’ll see you in court” type of wise-ass comments. The cop doesn’t care. He is getting paid overtime every time he sees you in court. He doesn’t care if you win. You probably paid for all of his Christmas presents.
5. Every break you were going to get is gone when you’re cocked and involved in an accident, especially if someone was injured.
6. If you get pulled over in a small town with heroes, you’re fucked.
Next week....Weirdo cops.
These tips are not to be construed as legal advice. Jay is not a lawyer. These tips are not intended to be applied in small towns with cops who want to be heroes.
RIP Mosi
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