I am willing to cooperate with you, but I need to talk to my attorney first.
If you have an attorney on retainer when contacted by police…
OR find a lawyer that will give you a card and have his number handy to contact them. I have a lawyer’s card and I did not have to retain him to have his card with his number, He informed me that the number is 24/7 and to call if needed.
I got mixed feelings from this guy, and I don’t get the feeling I could trust him. Aside from that, some of that information is not accurate in my state. For example, if an officer pulls you over on suspected DUI and asks you to take a breath test, you are required to comply. If you don’t, you will be booked in jail under a failure to comply charge, and you will be forced to test for DUI there.
In states that are implied consent states (e.g., my state, Colorado), drivers are deemed to have given their implied consent of their blood, breath or urine (the driver’s option) to determine their blood alcohol level, a piece of evidence that can be used against them in subsequent criminal and traffic cases. If a driver refuses, the DMV (not the court) opens an administrative hearing where they ask “Did you refuse to take a test?” If the answer is “Yes, I refused” then their driver’s license is automatically revoked.
Then, there are the ancillary consequences, like loss of auto insurance, loss of one’s job, loss of security clearance if you are a government worker/contractor that holds such a thing.
That is still too much information. My reply is:
I don’t answer questions and I want a lawyer!
Depending on how drunk you are and how fast they can get a qualified person to take your blood, you MIGHT be able to beat the charge. In KY if you refused you lose your license for a year but nothing official on your record. I would rather do that than pay the fines, fees and lawyer bill costing me 1,000s. But that is only me.
PS a failure to comply to me is better than a DUI on your record and jacked up insurance
Here, a failure to comply could be bumped up to a felony.
Personally, my game plan is to not do something illegal in the first place. If I’m pulled over for something, I plan to comply. I understand his point about not incriminating oneself, but often heeding advice like what he gave just doesn’t end well for most people. LE is used to dealing with noncompliant people. They have the tools and resources to enforce the law, and if you fight against that you’ll likely lose.
Go watch some of the YT auditors. They stand up for their rights all the time. They have gotten LEOs fired, sued cities and town and won. It is a hassle, yes. Is it time consuming, yes. But if you/we don’t start standing up it will never change. Change is happening too because of these ppl.
I enjoy reading your posts and seeing what you have
to say. Thank you! Everyone is important.
- Don’t take the test without a lawyer present.
- Test will only hurt you if you are intoxicated.
- never talk to or make a statement without an attorney present.
- The investigating officers do not look for evidence “to convict you”, they just collect evidence, present it to the prosecuting attorney, and let the evidence do it’s job.
- Never trust a skinny attorney with a bow tie.
Haha, very true. To me, the whole thing seems like a clickbait video. Maybe he is a decent attorney, but he doesn’t strike me as such.
I guess I’m just a cynic. Thanks for the support.
Hello and welcome @jacob113
Kansas is also an Implied Consent state:
Under the Kansas implied consent statute, K.S.A. 8-1001, any person operating or attempting to operate a vehicle is considered to have given consent to one or more tests of the person’s blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or drugs.
The implied consent rule applies to all chemical tests, including breathalyzer, blood, and urine tests. For the law to apply, the law enforcement officer must follow a strict set of procedures, which include providing the driver with a specific written and verbal notification, called a DC-70 form.
The police officer chooses which tests to administer and may require multiple tests. The driver has no right to choose which test(s) to take, but does have the right to get an independent test from a different facility after completion of the law enforcement tests.