In a strange incident in in Riverside, Illinois, a driver was arrested for drunk driving after pulling up to a police officer to "say hello."
According to police, the 57-year-old driver claimed he was just being friendly when he pulled up to an officer and rolled his window down to say hello, but he was arrested after the officer noticed the driver swerving from lane to lane as he drove away.
The incident occurred at about 2 am, and according to the police the driver took a breathalyzer test that showed a result of 2 1/2 times the legal limit to operate a motor vehicle. Police also said that he admitted to driving on a suspended license.
In addition to facing charges for driving under the influence (DUI), the driver reportedly faces several other traffic violations.
A driver's conduct in relation to a DUI arrest may prove a crucial part of any resulting criminal charges. In the above case, one cannot help but wonder whether the driver would have been noticed and arrested if he had not taken it upon himself to greet the police officer. The fact that police are alleging that he swerved from lane to lane as he drove away provides the foundation of probable cause for the police stop that then led to his arrest.
Driving behavior prior to a police stop and then every statement or action a driver makes once he or she is pulled over may influence whether he or she faces an arrest and then charges. It is important to remember that you should be polite and cooperative when dealing with a law enforcement officer, but you do not have to consent to a search of your vehicle, answer questions about where you have been or how much you have had to drink, or even consent to field sobriety tests. Politely refusing to answer potentially incriminating questions may be your best course of action to deprive the arresting officer of ammunition to use against you in establishing probable cause for an arrest.
If you are arrested for DUI, listen to your Miranda rights as they are read to you. You have the right to remain silent, and you have the right to an attorney. Anything you say can and will be used against you in a court of law, so invoke your right to an attorney and do not submit to questioning without your attorney present.
At the Law Offices of Virginia L. Landry, we offer experienced defense counsel in the face of DUI charges in and around Orange County, California. Whether your arrest involves unusual circumstances like the case discussed above, or you were stopped at a DUI checkpoint or other typically standard situation, please do not hesitate to call for a confidential consultation. We will be happy to discuss the nuances of your case to determine how a DUI lawyer at our firm can best help.