What if..Police ask, "Have you been drinking? | Charleston, SC DUI Attorney

[@nickf2170]

"Officer, I invoke my right to remain silent". And stay silent.

[@johnbellah2350]

Unless passed-out, most people who are intoxicated can’t help but running their mouths.

[@aerospacepatriot8177]

Let's see....it's been a long day.....2 cups of coffee....a water.....a tea....another water.....protein shake....another water....

[@dudleydoright7388]

I have asked them to be a little more specific, I have had Water, Milk with my Cereal pop during lunch.

[@MuzixMaker]

I would scream as loud as possible “No officer I did not screw your wife even though she begged for it!!”

[@thomasryan2679]

Then you would be seeing your dentist.

[@MuzixMaker]

@@thomasryan2679 and then a lawyer.

[@mrmyth5846]

Nervousness is a natural reaction when pulled over by todays police.

[@mrmyth5846]

…Or that you weren’t weaving or speeding or showing any signs of intoxication. They just watched you leave a parking lot and that’s their weak, nonexistent justification. The police need to focus on violent crime and repeat offenders of such and move away from the profiteering.

[@oodatoodat1]

Excellent sharp intake of breath! Great reading.

[@brixmoore9871]

Great advice! Good Lawyers are worth their weight in gold!

[@elduderino1809]

All this guy is saying once you ask for a lawyer, they are not allowed to report any of their interpretation against you (at least within his State). Even if you do not drink at all, they are still allowed to include in their report that you looked as if you were drunk. Guys, listen to the lawyers.

[@thomasryan2679]

Juries are sick and tired of the carnage drunk drivers cause. They are smart enough to connect the dots. The presumption of innocence is a fairytale.

[@newtonkasese4301]

Excellent response....

[@mehardin]

I usually just say no, because I don't drink and drive.

[@billhamilton7524]

haha usually ,,get asked that a lot do you

[@crand20033]

@@billhamilton7524 Then now how come I smell alcohol when you talk? Better not to talk.

[@chuckiemeister]

Every single lawyer here on youtube gives excellent advice to invoke the 5th and stay silent. The cops don't care. They will make you step out of the vehicle for you when handcuffs and take you down to the station violating your constitutional rights.

[@thomasryan2679]

No doubt you've been the route yourself.

[@dank1518]

Yes; water, tea, coffee, etc.

[@jerrylanglois7892]

The only person I have to answer to is a judge.

[@Marcuswelby-nx2te]

I saw on a show the cop said bro how many beers have we had tonight?Oh about 70

[@8307c4]

Hahaha, I have never gotten far with the "I want a lawyer" tactic.

[@crand20033]

Yeah, they say "we don't have one right here but you can call one later"

[@Americanpatriot-zo2tk]

Tell them to …. …!

[@Tomken8d2]

Officer I'm cold shtone shober - hiccup -

[@robertboykin1828]

and dats da truf occifer

[@108doublestitches]

What if you have not been drinking. Saying " I want a lawyer" would seem to be invitation to be handcuffed.

[@Americanpatriot-zo2tk]

Gatorade!😄😄😄😄

[@mastercraftsman4213]

Or just be an adult and dont drink and drive....its that simple

[@mrmyth5846]

No! Was I driving as if I were impaired? No! Then why did you light me up?

[@robertpesche]

What if the police ask you why your lawyer in America has a British accent? What do I say to that?

[@DaleSavageLaw]

You tell them they're wrong, he has an Aussie accent.

[@robertpesche]

@@DaleSavageLaw Excellent!

[@slapout9]

Alcohol has no smell! Remember that when the officer says he smells alcohol on you.

[@Michael-li3id]

whiskey, tequila, bourbon, scotch all smell.

[@slapout9]

@@Michael-li3id that is not Alcohol. those are Alcholic beverages! The Officer must be specific in his affidavit or it's not admissible

[@Michael-li3id]

ahh i see what you did there@@slapout9

[@mikesantimore6971]

What have you been smoking . I walk around people all the time and smell alcohol on them

[@Technie87]

When the question arises “have you been drinking” should the correct way to answer be “ I plead the 5th, am I free to go”?

[@DaleSavageLaw]

Am I free to go. If they say no, then I want a lawyer after that.

[@Technie87]

@@DaleSavageLaw This seems like the way to get pulled out of the car, get breathalyzed, and get sent to jail. If they stop you at a check point I feel like this would happen: Officer: Hello, have you been drinking? Me: *Slight pause* Am I free to go? Officer: I'm gonna need you to answer my question or you're going to be breathalyzed or I don't believe you I smell alcohol in your breath Me: I want a lawyer Officer: Ok, I smell alcohol in your breath please pull over and prepare to be breathalyzed. Me: But some lawyer on KZbin told me I didn't have to Officer: *yelling* shut up and get the hell out of the car Me: yes sir !

[@DaleSavageLaw]

@@Technie87 If they say they smell alcohol whether you talk or not is not going to change the outcome of being asked to exit the vehicle or being arrested. But asking if I am free to go means the officer has to make a decision to retain you right then or let you go. Asking for a lawyer once you are not free to go asserts your 5th and 6th Am. rights and asserting your constitutional rights cannot be used against you. However talking freely to the police will be used against you all day everyday.

[@Thrifty032781]

I do that too, but only because I am a combative asshole who likes needlessly escalating simple interactions with the police.

[@MuzixMaker]

@@Thrifty032781there are no simple interactions with police, you fool

[@jamesneufeld-b7e]

I never drive if I have been drinking, so the answer is "no." Due to crippling polyarthritis there's no way I can do a field sobriety test whether I am intoxicated or not.

[@Milesco]

A driver should always refuse a field sobriety test, even if he or she is perfectly sober. FST's are designed to give the cop an opportunity to pick apart any perceived imperfection and claim that it's an indication of intoxication.

[@thud9797]

But doesn't refusal result in an automatic license suspension?

[@Milesco]

@@thud9797 Nope. The 5th amendment prohibits the government from forcing you to incriminate yourself, so you never have to participate in a field sobriety test.

[@thomasryan2679]

Not all cops make DWIs. Many cops aren't assigned to patrol, and some patrol cops never make a DWI arrest. I say be truthful and honest. If you've been drinking, the cop knows it very well. However, you may not be intoxicated or not that bad. He/she only wants intoxicated subjects, not someone barely over the limit. Denying drinking or demanding a lawyer immediately will irritate him and he'll be quicker to arrest you. Instead of taking risks, please carry Uber money when you find yourself in that condition. A NYC motorist was driving 30 mph in a 30 zone when a motorcyclist rear-ended him, and the biker died. The drunk car driver could've been charged with vehicle homicide, but the DA decided against it.

[@MuzixMaker]

@@thomasryan2679 what you said is absolutely total shit. You must be a cop.

[@robertboykin1828]

yup, 52 years. quit 2017, smokin too.

[@williamrockwell9001]

Years back some very young cop tried to get me for DUI. My BAL was less than zero if that is possible. He was ranting about strong smell of alcohol for the body cam. He asked how much I had to drink. Zero. Then he asked again and got the same answer. He warned me about lying to a cop. He asked how he could smell the strong smell of alcohol. My answer was how the hell should i know. That pissed him off because he figured he could trap me He ordered me out of the car. I said fine I'll blow. His answer was no you have to do things my way. So we spent the next hour doing his bullshit tests. Finally he admitted i was not intoxicated. He was not a happy camper at this point. Guess his dream of becoming a detective was quashed. Normally i wish everyone well in general. However not so in his case.

[@brucea9871]

I thought it ironic that he warned you about lying to a cop while it is perfectly fine for a cop to lie to a suspect. For example in another KZbin video I watched of a murder investigation the police lied to a suspect they were interrogating, claiming his DNA was found on the victim's body. It was a ploy to try to get more information from him. From what I remember the suspect wasn't the murderer but he knew more about it than he had so far revealed (he claimed he knew nothing about it but I think he knew who the murderer was and the circumstances). According to the narrator the police are allowed to lie to suspects - but then as in your experience they warn us about lying to them (indeed I have heard of people who lie to police being charged with misleading police). Edit: You mentioned he asked you a second time how much you had to drink. I would have told him he already asked me that and I already answered him. I would then be tempted to ask if he had a very short memory or a hearing problem. It is reminiscent of KZbin videos in which suspects repeatedly ask police the same question over and over again ("Why am I being arrested?") even though the police already answered them. Now it is the police doing it. And when he asked why he detected a strong smell of alcohol (even though you hadn't been drinking) I would say for one of three reasons: 1) the cop is lying, which is the most likely reason (as I said cops are allowed to lie in an attempt to get suspects to incriminate themselves); 2) the cop has a smelling problem (he smells things that don't exist); 3) maybe the cop has been drinking.

[@brucea9871]

I see three problems with your response. First even if the traffic stop occurs during normal business hours do you really think the police are going to wait around for you to look up a lawyer, call him or her, and expect the lawyer to show up at the traffic stop? (Perhaps you meant to refuse to answer questions until obtaining a lawyer but your presentation made it appear you advise a suspect to call a lawyer from the traffic stop and expect him or her to show up there. Of course no lawyer would do so - and even if any would no cop would stand around waiting for them.) Second you never mentioned the obvious solution - don't drive after drinking in the first place. Third at the end you provided your contact information (just as in a previous similar video I watched by another lawyer) so this video was just an advertisement for your services. Edit: Just to demonstrate my first objection isn't frivolous I have seen countless KZbin videos in which DUI suspects have told police "I want a lawyer" - as if a lawyer is going to show up at the traffic stop. Clearly it is a delay and obstruction tactic since I have to wonder if these suspects are really naive enough to believe a lawyer will come to the traffic stop - especially if it is 2:00 A.M.

[@TimDyb]

What if you have NOT been drinking? Do you still ask for a lawyer and plead the 5th Amendment?

[@DaleSavageLaw]

You don't have to ask for a lawyer or plead the 5th. You can say no and answer any questions freely. This video just explains your rights and what you can say to protect those rights if you do not wish to answer any of those questions.

[@crazycool905]

What about when they say "I smell alcohol". How I would i respond to this? or do I even need to respond?

[@DaleSavageLaw]

You don't need to respond. But you can say "Am I free to go?" If they say no, then your next response will be "I want a lawyer." Once you invoke your right to a lawyer 5th and 6th amendment rights they can no longer question you about a crime or use your statements against you.

[@MuzixMaker]

Tell them to consult a neurologist, stat. They might be having a stroke.

[@mefirst4266]

SAY HAVE YOU BEEN DRINKING.

[@robertboykin1828]

then you should keep your mouth shut.

[@elang3366]

You smell alcohol? Don't you know you should not be drinking on the job? Want a drink of water??? Here...have a hit of my mom's lemon aid...... compel him/her to PLEAD WITH SPECIFICITY!

[@diddymercs]

"I want a lawyer" even if I'm not drinking?

[@DaleSavageLaw]

You don't have to, this video is just informing you that if you do not wish to answer any questions from the police regarding these types of questions then you do have rights and this is how to exercise those rights that can't be used against you in court.

[@CageyLeigh]

If you haven’t been drinking, is it okay to just say no?

[@DaleSavageLaw]

Yes.

[@DaRkmatter5.8]

dose the police have to have traffic violation to make a stop?? if they don’t have traffic violation do i have have to show my drivers license for proof of insurance and registration

[@DaleSavageLaw]

Police don't always have to have a traffic violation to stop you. For example if it is a license checkpoint or a DUI checkpoint, or there is an outstanding warrant for you there is no reasonable suspicion for a traffic stop but you do have to produce your drivers license, proof of insurance and registration if you are the driver.

[@bucsfan2565]

@@DaleSavageLaw You do not have to give your license or answer any questions at a “license checkpoint.”

[@_DB.COOPER]

@@bucsfan2565 yes you do. 😂🤣😆😝

[@elang3366]

You can eventually beat these pirates if you have a good knowledge of the law. Are you engaged in commerce? Carrying freight or passengers for hire? What does the actual legislation say? Ask the officer... and you will find that he/she does not know the law. Make a record..."is it your position that I am carrying freight or passengers for profit or economic gain? Let him dig himself a hole. Record everything with your camera with audio. You will eventually prevail.

[@thud9797]

​@@_DB.COOPER There's a KZbinr I think in Florida and he hangs his license, reg and insurance in a ziploc in his window along with a sign saying I dont answer questions and I want a lawyer and keeps his windows up and they wave him through the checkpoint.

[@danboquist]

You never have to talk to the police.. correct?

[@DaleSavageLaw]

If you are driving a motor vehicle in SC you do have to provide your drivers license, proof of insurance and vehicle registration. Because you are driving there is a requirements that you identify who you are.

[@danboquist]

@@DaleSavageLaw Every criminal defense attorney should also be a decent civil rights attorney. My two cents. Police seem to believe that Terry gives them the legal authority to demand ID. That is Hiibel, and depends on a state statute. Police also seem to believe that they can legally detain you because “suspicious”,:which is not the case. They must have RAS that a crime is “afoot”. They also conflate “not normal” behavior, such as nobody does this” or “everybody does that” as “suspicious” and that that alone satisfies Terry. Wrong.

[@danboquist]

@@DaleSavageLaw What if they stop you for a non violation, and they say it on camera? “Some lady said that you took a picture of her when you rode by. I stopped you to check you out” Would this constitute an unlawful detention? What can they do if you refuse to ID if they can’t write you a ticket?

[@thomasryan2679]

Your child goes missing, or your mom needs an ambulance...don't call the cops either.

[@gregs128]

What you say doesn't help me in California.

[@DaleSavageLaw]

Correct, I'm pretty explicit that this is for South Carolina.

[@RagDraggo]

Well in aftermath of a cop stopping you and asking if you have been drinking,, I don't see anything wrong with just saying a quick "No and Hell NO,, I have not been drinking!" Now "hopefully" you will NOT have a half empty/(half full) quart bottle of beer in your hand,,, (and quite visible) when a cop stops you per traffic stop and then asks you that question. Otherwise,, the cop would have you "dead to rights" with the clear evidence,, therefore he would not even need to ask you "if you've been drinking". No need for you to say anything,, as he (the cop) would promptly pursue the "arrest procedures" on you,, asking you to step outside and put your hands behind your back,, followed by his reading your Miranda Rights. In such a scenario,, you can insert your 5th Amendment Right all you want,, (and request your lawyer) it's just that you would still end up in the slammer,,, and quickly.

[@RichieMoerloos]

I don’t answer questions

[@crand20033]

Well, you talked so I smelled the alcohol on your breath.

[@allanfischer9417]

Easy - Nope - not since August, 1985. Oh by the way, that is the last question I will answer as I am invoking my right to remain silent under the 5th amendment.

[@User-cc6cq]

👍

[@americanjustices1448]

Thanks

[@davestevens4193]

Repeat after me...I don't answer questions.

[@Thrifty032781]

I mean, you could also just say "no". And unless you're a jackass who drinks and drives, you're telling the truth.

[@thomasryan2679]

Then any break I was considering giving you goes away. Then I'll find other violations to write you for,

[@davestevens4193]

@@thomasryan2679 you can try

[@mefirst4266]

NEVER PLEAD THE 5TH !!!! THEN THEY WILL ASK YOU WHAT BRAND YOU DRINK.

[@mark197867]

If you can't trust the police then who can you trust?

[@veronikaquick6738]

Lifelong friends.

[@Stump51]

Wrong.fo not say I want a lawyer.say I plead the 5th.

[@DaleSavageLaw]

When you tell police that you want a lawyer, you are invoking you 5th and 6th amendment rights.

[@thomasryan2679]

@@DaleSavageLaw Great advice. The motorist gets cute and provides a YuTube response, then he gets no breaks and a few additional summonses for listening to such fairytales.

[@zvit]

Even if I didn't drink anything I should ask for a lawyer? Why can't I just answer the truth that I had not been drinking?

[@DaleSavageLaw]

You can talk to police as much as you want. But if police are asking you about drinking they are doing it for a reason, that’s what they are trained to do when they believe you have been drinking. You can tell them you have not been drinking but they probably won’t believe you otherwise they would not have asked you in the first place.

[@zvit]

@@DaleSavageLaw What about a DUI check point?

[@8307c4]

@@DaleSavageLaw Funny, I've been asked if I had been drinking when I had not, even multiple times during the same stop... And I simply said no, I have not. Because it was true, the only reason they asked is because the driving maneuver they pulled me over for was particularly outrageous, but in the end they actually let me go. Age helps, I'm nearly 55 now, couldn't attest for this kind of outcome 30 years ago, I would've called you then.

[@TimDyb]

@@DaleSavageLaw Police are fishing, they can lie (legally) and say they smell alcohol. (Alcohol, the chemical, has no odor).

[@marlenelemes8878]

EVERYBODY DRINKS!!!!!.. the question is WHAT do they drink!!!!, and if you cant articulate clearly, then you end up a fool!!!, but i wont lie to cops, i always answer truthfully yes i do drink, QUESTION IS, WHAT I DRINK😅😅😅