- Upon request by a peace officer, show them your driver's license, registration and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause to believe that a crime has been committed by you. Recently, the Court decided that police may look through your vehicle in any location within the passenger compartment where they believe a driver's license or registration may be present to assist them in identifying you as a result of a traffic stop. Therefore, if you want to avoid police searching your vehicle without your consent, be sure to have your driver's license and registration in a location within the vehicle from which you can retrieve it immediately upon request. To protect yourself later, you should make it clear to the police that you do not consent to a search of your vehicle. It is not lawful for police to arrest you simply for refusing to consent to a search.
- In DUI cases, if the officer advises you that he is going to subject you to a preliminary alcohol screening device, you should immediately ask the officer whether you have a right to refuse such a preliminary alcohol screening test. If the officer is honest, he will advise you that you have a right to refuse the preliminary alcohol screening test; however, if you do submit to a preliminary alcohol screening test, it does not satisfy your requirement under the Implied Consent Laws to provide an additional breath or blood test once transported to the police station and/or the nearest jail facility. (only on DUI cases) If you are confronted with a preliminary alcohol screening test, then simply ask the officer whether you have a right to refuse it. Upon being read the advisement by the officer, respectfully advise the officer that you choose to invoke your right to refuse the test and do not submit to the preliminary alcohol screening test. Do not make the mistake of refusing to submit to the implied consent test of either blood or breath once you have been transported to the police station or the jail for further testing. If you refuse to submit to an implied consent breath or blood test, you will be subjecting yourself to a possible one-year license suspension in the event that the allegation of a refusal is proved to be true in Court and/or before the Department of Motor Vehicles.
- If you are given a ticket, you should sign it, otherwise you can be arrested. You can always fight the case at a later time in Court once you have sought the advice of counsel.
- If you are suspected of a DUI and refuse to take a blood or breath test, your driver's license may be suspended.
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