Thursday, May 24, 2018

Why Cops are Mean On DWI Stops?

Sometimes we get the phone call that is irate and pissed off about how the police handled their DWI stop. With some police departments it is more common and with others less BUT DWI can bring out the worst in people's temperaments. We see two types of DWI stops that bring the most heat or hate.

Do the police have a legitimate right to be mad with some DWI arrests?

What can you do to make your police stop and/or arrest for anything better or at least civil?

Cooperation and New York Police DWI Stops 

There are two ways the police go into beast mode with a DWI or DWAI drugs stop of a car. Everybody has a bad day or you would like to hope they have a thick skin but we see two main situations where law enforcement acts in ways people would judge as "mean." Remember that price are people and everyone has a bad day or their fair share of bad stops.

The Super Drunk Ass-xxx DWI Stop is No Fun for Law Enforcement 

The one way police may act aggressively is when the driver is absolutely belligerent, mouthy, and completely uncooperative. We have watched hundreds of hours of law enforcement video and read countless police reports filled with outrageous behavior. Everything from vomiting, peeing, and spitting on the police. These type of actions will never be tolerated and the consequences will be severe. You will be handled in a professional manner but you will be handled because you are a danger to yourself and others in this state. Someone with a high alcohol BAC that is not a seasoned professional will likely not be in control of themselves. So they will require an extra level of control and handling outside of themselves.

Some people when drunk get violent and act out. They don't care who anyone is when they are out of it. Alcohol can bring out the worst in people.

The Other Police DWI Stop Where You Don't Take all Their Tests

The second way the police can be mean is when you cooperate but just fail to follow all their directions, instructions, and requests. The police are used to people respecting their authority and orders. If you challenge their orders they can choose to play nasty.

Police are here to serve and protect us BUT also to investigate and charge crime. You are ruining their DWI investigation and arrest by NOT giving them intoxicated and/or impaired evidence. DWI and DWAI drug cases need evidence to stand up in court. If you don't take the:

  • Field sobriety tests: walk and turn, stand on one leg, eye test
  • PBT: preliminary breath test for alcohol
  • Chemical test of breath and/or blood
  • Answer their Questions

They cannot make their case in court for the prosecution. Cases fail or succeed on one point: EVIDENCE.     How can they prove you were DWI or DWAI drugs? 

Not giving them evidence is likely going to make them mad and they can get mean. 

They are legally allowed to hold you longer in jail or reward you with any early release for being "cooperative." With that discretion some police take their position and authority too far. It can get heavy handed especially in the early morning hours.

Sometimes law enforcement being mean or nasty you on video will help you with a jury. No one likes bullies or bully behavior. If it's not called for by your actions then any aggression by law enforcement will be in your favor later on. I've seen prosecutors dismiss or drop charges when the police act badly for no apparent reason.

Final Advice: Do Not Be Confrontational 

My advice is be polite and respectful at all times with the police. Provide no information about your whereabouts (comings and goings), or drinking or drugging AND ask for a lawyer.  Most times no testing is going to help your case the most.

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