Local DUI Attorney Explains: What Do I Do If Pulled Over By Police?
Patch sat down with a local DUI lawyer to learn about your rights.
As lawmakers discuss strengthening DUI laws in Rhode Island, the consequences for being found guilty of drunk driving could become even more severe.
Local DUI Attorney Kevin Hagan said that while it is vital that law enforcement protect the residents they serve and enforce the law, it is equally important that residents understand their rights when they are pulled over.
“I’m not beating the drum that police shouldn’t be doing their job," Hagan said. “If people know their rights, it helps law enforcement do a better job.”
“The bottom line is very simple; people shouldn’t drink and drive."
But police have a job to do, and a criminal defense lawyer has a job and obligation to uphold the Constitution, he said.
What should you do if police pull you over?
Hagan said overall, an officer is looking for evidence that you are intoxicated. Therefore, anything you say or even how you say it (slurred words, confusion) could be used as evidence. Although you must provide identifying information and documentation, you are under no obligation to say anything else, he said.
His recommendation? Ask to speak to a lawyer and don’t answer any questions.
But, it won’t be comfortable, warns Hagan.
“It’s rude not to speak to the police officer. The police officer wants information. There is no way to do this diplomatically.”
Consider the scenario when an officer asks if you have been drinking. If you answer yes, it is damaging evidence. If you answer no, and it is later proved wrong, you have lied.
Hagan said it's generally better to invoke the fifth, because it is difficult for the court to hold that against you.
Do I have to take the field sobriety tests?
No. Hagan said he is surprised with how many people do not realize you have the right to refuse the field sobriety tests. He said in most cases, that is the best option.
“In my experience, even people who are sober can fail it,” he said. “It’s a no-win situation. Why would you submit to a test that you are likely to fail?”
Unlike refusal to take the chemical test, there is no criminal or civil penalty for refusing to take the field sobriety tests.
Should I take the chemical test (breathalyzer)?
“The general consensus from a criminal defense lawyer is that more often than not, refuse the chemical test,” Hagan said. “Refusing makes the criminal case more difficult to prove within a reasonable doubt.”
First offense refusal of a chemical test is a civil offense; it is not criminal. However, unlike refusal to take the field sobriety tests, it is not without consequences. A license can be revoked for six months and the driver may incur a $950 fine, plus several other fees, although nothing is determined until brought before a judge.
“Sometimes if you admit to the criminal, they will drop the civil. Or vice versa,” Hagan said.
DUI Myths
- There is a myth that if the key is out of the ignition, you can't get a DUI. Untrue. In Rhode Island, operation of a vehicle can be inferred, which means you can still get a DUI even if you are out of the car. Police can feel if the hood of the car is warm or use witness testimony that you were driving.
- There is a rumor that sucking a penny will alter the breathalyzer results. False, says Hagan.
- There are many factors that determine a person’s BAC, so even if you followed the one drink per hour rule, you could be found over the legal limit on a chemical test.
What could help your case in court?
- If you were not provided the opportunity for an independent chemical test.
- If you were not read your rights.
- If you were not provided the opportunity to make a confidential phone call.
- If you took the field sobriety tests, it could be argued they were not standardized or you do not fit the standard profile (medical conditions, weight, etc).
Should I hire a lawyer?
A lawyer can help negotiate a possible dismissal, get the charge amended to a lower offense or exercise a right to a trial. Lawyers are also typically more effective at cross-examining witness.
"A lawyer is better suited for a DUI case because of the technical nature of the case," he said.
Kevin Hagan's contact information can be found on his website.
[editor's note: the article was modified on Mar. 8 to clarify a DUI myth.]
This article contains general information and is not intended to give legal advice. If you have specific questions, you are encouraged to contact an attorney.
Good Year
8:08 am on Friday, March 8, 2013
Your best bet is to keep voting democrat. That way the general assembly can continue to keep those loopholes wide open so that their defense attorney friends and colleagues can make lots of money. Also, they can continue to appoint their friends and colleagues as judges and magistrates so that wink wink nod nod, the charges against their clients magically go away.
Middletown Mom
9:46 am on Friday, March 8, 2013
Are you seriously trying to help people avoid the consequences of DUI???? I'm not sure why THE PATCH would condone such a thing! Yes, there is such thing as innocent until proven guilty - but why would we teach people how to get around a DUI charge??? If they are pulled over - I'm sure it's for good reason not just because the officer had nothing better to do! If you're driving erratic - chances are your are under the influence and it's the officer's job to get these people off the road to protect us and the people of our town(s).
Bill
9:47 am on Friday, March 8, 2013
So this is what we need in RI? Sound, solid advice on how to drink and drive and suffer mimnimal consequences?
Edward Tracy
10:04 am on Friday, March 8, 2013
Great article. Just what we need advice for drunk drivers to avoid prosecution. Good job Patch, I can't wait to read the article by a defense attorney advising us how to get away with murder. Hey Counsellor here's a novel idea how about advising your clients not to drink and drive. It is a sure fire method to get them out of a DUI charge, only drawback is you make less money. I certainly hope you don't have children who have to share the road with these idiots. I spent a good part of my life trying to get these morons off the road, boy do I feel stupid. Apparently Shakespeare was right about lawyers.
Cletis
2:43 pm on Friday, March 8, 2013
Edward.....he plainly DOES say that people should not drink and drive. All he is saying is that the burden is on the state to prove ANY charges. I know from reading your other posts on patch that you believe in the Constitution and rights that people have.
2nd Beach
10:40 am on Friday, March 8, 2013
is this an article or an advertisement?
Amy Everpean
12:14 pm on Friday, March 8, 2013
Love This article! Wish i would have read it before i got pulled over. I recently got pulled over, and got myslef a lawyer at http://www.lickyourtickets.com! If you need a lawyer to help you with your case, they are the best by far!
Nick Kent
12:24 pm on Friday, March 8, 2013
Confused...so is this a myth or is the statement below the DUI myth true:
DUI Myths
In Rhode Island, operation of a vehicle can be inferred, which means you can still get a DUI if the key is out of the ignition or if you are out of the car. Police can feel if the hood of the car is warm or use witness testimony that you were driving.
Olga Enger
12:35 pm on Friday, March 8, 2013
Nick,
I modified the article because that was confusing. There is a myth that if the key is out of the ignition, you can not get a DUI. That is untrue.
2nd Beach
2:21 pm on Friday, March 8, 2013
this is a hack advertisement... and frankly tasteless. What next? advice to men on how to avoid domestic abuse charges?... or better yet... hey kids, here's a list of products that can mask the smell of alcohol and pot on your breathe.
Shame on you!
Olga Enger
2:34 pm on Friday, March 8, 2013
2nd, I'm not affiliated with anyone in the article. There are a series of DUI laws that are being discussed this week at the State House, and citizen's rights are a perspective of DUI laws. Many argue that the judicial system depends on citizens being aware of their rights.
Middletown Mom
3:50 pm on Friday, March 8, 2013
Olga, I'm not saying you're affiliated with any attorney- but I do believe this "article" is in VERY poor taste. I have enjoyed the Patch since it's inception but when reporting comes down to this and the OMG PD - I think I'm ready to delete from my favorites.
and Citizens rights? Maybe you should counter this article with an interview of a family affected by drunk driving? Perhaps sit down with the Coffey family and ask them how they are doing almost 30 years later??? Ask them what "rights" they had?
2nd Beach
4:32 pm on Friday, March 8, 2013
Olga... I'll give you the benefit of the doubt .... but the very title of the article ... Local DUI Attorney Explains: What Do I Do If Pulled Over By Police... and the tone that followed, addressed what to do when pulled over for suspicion of drinking and driving. Its purpose is to inform the reader what do if they find themselves in that situation and they have been drinking. In other words... a primer on how to beat the system. I don't want drunks on the road... I don't want the Patch sharing a DUI Lawyer’s advice to “beat the rap” and I don't want the article capped off with a link to Mr. Hagan's website. Many people who drink and drive are repeat offenders. Could you sleep at night knowing that someone got off on a technicality as outlined above and then was involved in an accident in the future.
Chowda Head
6:40 pm on Friday, March 8, 2013
Great Article! I am a single mother who's lifestyle has been cramped since the birth of my daughter. Could you interview attorney Jose Baez next week? Thanks!
Dryheave
4:15 pm on Saturday, March 9, 2013
Wow...most of you people sound like hysterical idiots....first off, the reason Cunha has no "criminal record" is simple. HE REFUSED THE CHEMICAL TEST. What don't people understand?.....if you refuse the chemical test it's a CIVIL OFFENSE not a criminal offense. This goes for everybody, not just Cunha. Your licence will still be suspended for 6 months plus fines etc. It's not as if it's some '"loophole"
Also, this column did not give away, "Secret ways to beat a DUI" it was just standard information. .....take the sobriety test or don't take it if your drunk your going to pay the penalties one way or the other, All you soccer moms can relax now and go back to watching Oprah.
Robert Clark
3:40 pm on Sunday, March 10, 2013
This is a good article. It is important that the public knows their rights, and how to deal with police on the streets.
WonkRonk
6:52 pm on Monday, March 11, 2013
Actually, it's a very good article. There are some very dishonest Police out there that have no problem bringing you down even if you're innocent. Here's a perfect example of why we ALL need to invoke our constitutional rights when confronted by Police: http://tinyurl.com/bgfuahg Article is about a "decorated" cop who was fired for creating bogus DUI arrests.
Stand up for your rights. If you haven't noticed, you are losing more and more of them every day. Did you know the FBI can audit your Google email anytime they want, without a warrant? Even the Inspector General noted numerous abuses of this policy by the FBI. http://tinyurl.com/azt2mly Did you know Police carry assault rifles and are known to often raid the wrong house? http://tinyurl.com/a44mp42 Did you know Police have MORE rights than you do under the Policemen’s Bill of Rights? Yes, they have MORE rights than you and they will always invoke their rights.
Last I looked; we live in America, not Russia. Remember, cops carry weapons to protect themselves, not you. So who’s protecting you? Stand
Tom
11:33 pm on Monday, March 11, 2013
It does seem like we are becoming more and more of a Police State. The Militarization of American Law Enforcement seems to blur the lines between our Military and Police. It's scary when you ask "who is the enemy, us?"