Traffic Stop Attorney

WEBVTT 00:00:07.500 --> 00:00:09.914 Hi, I'm Andrew Mishlove from Mishlove & Stuckert. 00:00:09.915 --> 00:00:13.871 We are Wisconsin's only true specialists in drunk and driving defense. 00:00:14.814 --> 00:00:16.099 People call and often ask, 00:00:16.100 --> 00:00:18.114 "What should I do if I'm stopped by the police, 00:00:18.115 --> 00:00:20.957 and they want to do a drunk driving investigation?" 00:00:21.614 --> 00:00:23.157 I can give you some information about that. 00:00:23.158 --> 00:00:24.957 I can't give you legal advice. 00:00:25.271 --> 00:00:26.514 Here's the information. 00:00:26.943 --> 00:00:28.113 If you are stopped by the police, 00:00:28.114 --> 00:00:30.900 you're obviously required to identify yourself. 00:00:31.360 --> 00:00:35.240 You have to present a driver's license, proof of insurance, registration, 00:00:35.241 --> 00:00:39.114 and you need to do those things and be cooperative. 00:00:39.629 --> 00:00:41.680 The police officer will ask you questions. 00:00:41.681 --> 00:00:43.557 "Where are you coming from? Where are you going to? 00:00:43.558 --> 00:00:45.989 Have you been drinking? How much have you had to drink?" 00:00:45.990 --> 00:00:50.299 They often will deliberately ask confusing questions. 00:00:50.300 --> 00:00:52.600 These are called divided attention tests. 00:00:54.086 --> 00:00:56.914 You can answer those, but you are not required to. 00:00:56.915 --> 00:00:58.920 Everyone has the right to remain silent, 00:00:58.920 --> 00:01:01.585 and nobody has to answer a police officer's questions 00:01:01.586 --> 00:01:04.873 about where they're coming from, where they're going to, and so on. 00:01:04.874 --> 00:01:06.229 You should know, however, 00:01:06.543 --> 00:01:08.885 that if you refuse to answer those questions, 00:01:08.886 --> 00:01:12.920 the officer can certainly consider that in deciding what to do. 00:01:12.921 --> 00:01:15.029 You may be asked to get out of the car. 00:01:15.030 --> 00:01:17.437 Don't argue about that. Just get out of the car. 00:01:17.543 --> 00:01:19.480 You may be asked to participate 00:01:19.481 --> 00:01:22.543 in what the officers call field sobriety testing. 00:01:23.400 --> 00:01:26.600 That is something that's voluntary. You don't have to do that. 00:01:26.601 --> 00:01:28.357 But you should know that if you don't do that, 00:01:28.358 --> 00:01:30.957 the police will consider that as evidence of guilt. 00:01:31.786 --> 00:01:34.128 The same is true of that handheld breath test 00:01:34.129 --> 00:01:36.100 that they will give you on the roadside. 00:01:36.943 --> 00:01:38.014 If you are arrested, 00:01:38.015 --> 00:01:40.528 again, you are not required to make any statements. 00:01:40.529 --> 00:01:43.513 At that point, you definitely should not make any statements. 00:01:43.514 --> 00:01:46.886 You will be asked to submit to either a breath or a blood test. 00:01:47.386 --> 00:01:52.814 Again, those are semi-voluntary. You are not required to do those. 00:01:52.815 --> 00:01:56.543 You have a constitutional right to decline to do those. 00:01:56.829 --> 00:02:00.057 But I should tell you this, if you do refuse to do those, 00:02:00.671 --> 00:02:04.114 you will be charged with the offense of refusal to submit to tests. 00:02:04.314 --> 00:02:07.843 That's a traffic offense that carries a driver's license revocation, 00:02:08.271 --> 00:02:12.729 and in most cases, the officer will simply get a warrant and take your blood anyway. 00:02:14.543 --> 00:02:16.729 Again, that's information you need to know. 00:02:16.730 --> 00:02:18.457 I can't give you legal advice. 00:02:19.714 --> 00:02:22.714 But if you do need legal advice, and if you need legal help, 00:02:22.715 --> 00:02:24.200 call Mishlove & Stuckert. 00:02:24.614 --> 00:02:27.240 We are Wisconsin's only true specialists.