What Should I Do If I Am Stopped And Had Been Drinking?

If you are stopped for drinking and driving, chances are you were weaving, had some minor traffic infraction or a taillight out. If the officer suspects you are under the influence, they will begin a standard series of questions used to find out how much you have had to drink. You may then be asked to perform a series of physical coordination tests along the roadside, or mental agility tests such as counting backward, reciting the alphabet or counting your fingers. We recommend that you politely decline to perform these roadside coordination tests. You are not required by law to take these physical tests, and they do nothing but provide the government with inaccurate evidence of your condition. These tests are not scientifically reliable and have but one purpose — that is to give the officer additional information with which to prove your guilt or take your driver’s license. Some police agencies in the state of Oklahoma may even attempt to use unapproved breath devices at the scene of the traffic stop to test your breath. In Oklahoma, there is not one approved breath test machine that can be used at a roadside stop. Again, politely decline to take the roadside breath test and ask the officer for the breath test at the station. It is also beneficial to ask for an additional test in addition to any given by the officer. This is your right and will be given once you have taken the state’s test. Your duty when stopped by the police is to remain calm and be polite. Cooperate, but don’t answer any questions about where you have been or what you have had to drink, or anything about an involvement in an accident.