Drunk Driving: Strategies and Legal Implications of Self-Sabotage
The scenario of a drunk driver attempting to invalidate a breathalyzer test by consuming alcohol in front of an officer highlights the importance of understanding the legal consequences and the potential self-sabotage involved in such actions. While the idea may seem counterintuitive, consuming alcohol after being initially stopped may end up worsening the situation and potentially leading to a more severe conviction.
Illicit Actions Under Scrutiny: A Path to Conviction
As the article suggests, a drunk driver who gets out of the car, opens an alcoholic container, and drinks it on camera would essentially hand themselves over a free conviction. This self-destructive behavior is clearly not beneficial from a legal standpoint. In Illinois, for instance, the law provides for a 20-minute observation period during which the suspected drunk driver must remain with nothing in or out of their mouth.
If the driver chooses to consume alcohol during this period, they would be making the test results and their condition even more apparent. Additionally, the court would likely view the consumption of alcohol as an attempt to interfere with evidence, which could lead to additional charges. The breathalyzer test administered by law enforcement officers on the street is indeed not court-admissible, but the oral indication of alcohol consumption can significantly weaken the test's evidentiary value.
Case Studies and Legal Precedents
One memorable case involved a person who consumed five shots of alcohol and left the bar, leading to a fatal accident. The lawyer managed to get his client off by arguing that the alcohol was absorbed too quickly and was not a factor in the accident. Another example is the well-known lawyer in Denver who fled after being pulled over, carrying a bottle of alcohol. While the lawyer was eventually caught and charged, fleeing the scene is a critical offense that can result in harsher penalties.
These cases underscore the importance of compliance with law enforcement and avoiding any actions that could be construed as an obstruction of justice. In the first case, had the driver known to avoid consuming any alcohol, they might have prevented a worse outcome. In the Denver case, the lawyer's decision to flee was a self-sabotaging move that could have significantly worsened the outcome.
Strategic Advice and Legal Precautions
For those facing drunk driving charges, it is crucial to act strategically and avoid any actions that might be perceived as an attempt to avoid accountability. Here are some practical tips that drivers can follow:
Dont drive inebriated: Always ensure you are sober before getting behind the wheel. Avoid drinking before driving: If you plan to consume alcohol, arrange for alternative transportation or designate a sober driver. Be sober and prepared: If suspicion of drunk driving arises, be prepared and comply with law enforcement without incriminating yourself. Stay hydrated: Drinking water can help maintain body functions and avoid a false positive. However, do not comment on water sources or contents. Decline to incriminate yourself: You do not have to provide information about your drinking habits, water, or anything else in your possession without legal representation. Understand and assert your rights: Familiarize yourself with your rights during arrest procedures and assert them appropriately.Conclusion
The key takeaway from these scenarios is that attempting to self-sabotage by consuming alcohol after being pulled over is a foolproof strategy for a more severe conviction. Instead, it is far more prudent to remain law-abiding and cooperative during interactions with law enforcement. Remember, the breathalyzer test is only one part of the legal process, and using it as a leverage point can often result in more severe penalties.
No defensive lawyer would ever advise their client to consume alcohol to invalidate a breathalyzer test, as this only serves to weaken their case. The most effective approach is to stay calm, cooperative, and innocent until proven guilty, and to act within your legal rights to protect yourself from further complications.