In 2015, there were 1.5 million people arrested for DUI in the United States, and more of them were arrested in California (214,828) than in any other state. Some police officers use tricky strategies before, during and after the arrest to render arrestees more pliable, more “cooperative,” and more likely to incriminate themselves.
Here is a list of some common tricks the police use in DUI arrests, and some tips for drivers who encounter them:
- Police Trick One: Record by video/audio the statements, confessions and admissions of drivers still at the scene. Police are trained in an art they term “verbal judo,” which involves the use of curt commands and an abrupt tone of voice that is meant to throw you off balance and make you easier to control. There will also usually be video and audio recorders ready to capture your missteps after the officer rattles you. ADVICE: Remain calm, remain respectful, answer with nods only, and admit nothing without first consulting your DUI lawyer. This will minimize the evidence available for the officer to collect and may even frustrate him into making a mistake (and he may be on camera too).
- Police Trick Two: Get drivers to blow into a breathalizer. Breathalizer tests are strictly voluntary in California, and the officer knows that, but he may ask you to submit to one “to see if you are o.k. to drive home.” ADVICE: Ask when the breathalizer was last sterilized. Just say no to the hand-held breath device. Ask, “Aren’t these tests strictly voluntary?”
- Police Trick Three: Get drivers to voluntarily submit to road-side FSTs. Field Sobriety Tests. Roadside Field Sobriety Tests require your willing submission. The officer will not want to give you the option, however. Tell the officer you are nervous and want an attorney. Although you may not be entitled to one until arrested, a jury can understand it.
- Police Trick Four: Threaten to make an arrest unless drivers cooperate and submit to FSTs. Officers may threaten arrest for non-cooperation, but in such situations, you are already likely to be arrested for DUI regardless. ADVICE: Remember that submitting may only result in extra evidence used against you.
While you need to submit to officers where legally required to do so, do not fall for the tricks officers use to put you at a disadvantage. Always remember that all events/statements at the arrest scene will later be used in court.
If you’ve been arrested for DUI in Los Angeles, call attorney Jon Artz today at 310-820-1315 to discuss your case in confidence.
