KNOW AND EXCERSIZE YOUR RIGHTS!
RULE #1:
Never speak to the police for any reason when you are the subject of an investigation of any kind (5th Amendment to the United States Constitution). You must give the police your name when asked, but nothing more. You may think you can talk your way out of any given situation, but you will only make things worse and "anything you say will always be used against you"!
RULE #2:
Ask to speak to an attorney from the beginning when the police begin to question you (6th Amendment to the United States Constitution). Do not let the police convince that you don't need an attorney. The police will typically ask you, "why do you need an attorney for if you haven't done anything wrong"? Answer: Because I have that right!
The police or the government can never comment on your "demand to talk to legal counsel" or your invocation of your "right to remain silent" in a court room during a trial. So invoke the two most important rights you still have in this country. It makes my job easier and you stand to benefit enormously from it.
RULE #3:
Do not fight your battles in the street with law enforcement; let your lawyer fight them in a court room for you. Always be cordial and polite to law enforcement. Being cordial and polite is giving up nothing. Being a jerk will not get you anywhere with the cops, and will surely antagonize a jury when they hear about it. So many of my clients would have walked out of a jury trial with a "Not Guilty" verdict had they just been polite to the police when contacted, but instead the jury didn't like them and they were convicted on their attitude alone, especially in DUI/DWI trials. I have been told this on multiple occasions after the trial was over. Fight your battles in the court room!
RULE #4:
Do not give consent to search any vehicle or residence because you "have nothing to hide". It is your constitutional right to object to a warrantless search. Do so! Make law enforcement earn their money. Make them get a warrant based on probable cause. If they can't convince a judge to issue a warrant based upon probable cause that a crime has been committed, they are not entitled to search your auto or residence. There are some warrantless exceptions to the general rule of requiring a warrant, but let your lawyer deal with that in a court room. Never give consent!
RULE #5: (DUI/DWI)
Law enforcement are allowed to receive and you are obligated to give consent for a blood, breath or urine sample or samples, when and only when you are arrested for DUI/DWI. Do not refuse the request. You will lose your driver's license for a whole year (implied consent) and have to reapply to get it back. Even if you refuse because you think it's buying you some time or that the police will not be able to get incriminating evidence, the cops will get a search warrant and physically pull your blood out of your arm while you are strapped to a chair. Try explaining to a jury why you refused. It makes you look guilty from the beginning and the prosecutor may comment on it in front of the jury.
Again, in the DUI/DWI context only, you have no 5th Amendment right to refuse a blood, breath or urine test or tests if under arrest for DUI/DWI. You may wonder why, but it's because driving is a privilege, not a right. Therefore, no constitutional right to object! You do have the right to make a private call to an attorney prior to giving your consent as long as it doesn't unreasonably delay the investigation. Make that call first!
RULE #6: (DWI/DUI)
Do not do Field Sobriety Tests, including the eye test at any time for any reason. They are totally subjective in the police officers mind. If he knows you've been drinking (Don't ever admit that. See Rule #1 above), he or she will most likely conclude you failed them and place you under arrest. Respectfully and politely decline to take the tests and ask, "Can I go now?"
RULE #7: (DUI/DWI)
Keep your mouth shut! But don't lie about it either by saying "I've only had a couple". If you are placed under arrest and a test reveals you have been drinking, then you're a liar in front of a jury and have no credibility for anything else you say in a courtroom or what you previously said on the street to the police (See Rule #1 above again).
