When pulled over, be respectful and polite. OBEY LAWFUL COMMANDS AND DO NOT RESIST ARREST. The video below shows the use of a TASER gun on an intoxicated driver who resists lawful commands and arrest. It is not a pleasant experience and will not help your case.
If the officer asks for your name, drivers license, and registration, then provide them but do not volunteer other information. The police commonly administer field sobriety tests (i.e. walking the line or standing on one leg). You can refuse to take the field sobriety tests but you should do so respectfully and politely.
If you are taken into custody, then the police will ask you to take a breath, blood or urine test(s). Kentucky drivers impliedly consent to these tests. Implied consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky.
The police will read an implied consent form which gives you 20 minutes or less to contact an attorney for legal advice. It also says that you can obtain an independent blood test at your own expense if you submit to the requested breath, blood or urine test(s).
If you refuse to take the test(s), then the refusal becomes an aggravating circumstance which increases your penalties if convicted. Refusal to take the test(s) makes it is possible for your license to be suspended for a time whether or not you are found guilty of DUI.
License Suspension for Refusal to Take Alcohol or Subsequent Tests
It should be noted that all of the offenses listed below are for refusals within a five year period.
1st Offense 30 to 120 Days 3rd Offense 24 to 36 Months
2nd Offense 12 to 18 Months 4th Offense or subsequent-60 Months
- Police Taser Drunk Driver Resisting Arrest
- An example of the use of a TASER gun. A very intoxicated suspect resists the officer's repeated lawful commands both verbally and physically. The officer finally has to TASER suspect to prevent him from getting back into his vehicle.
