FAQ

Is the roadside breath test accurate?

The portable breathalyzer, which is used on the roadside, as well as breath-test machine at the police station, are both subject to error and are not always accurate. For the most part, both of these devices have the same weakness because they both measure the alcohol content of the breath and use this measurement to estimate the alcohol content of the blood, which could easily result in a miscalculation.

Are there any penalties if I refuse to take this test?

There is no penalty for refusing to take the roadside breath test. However, if you refuse to take the breathalyzer at the police station, you can be charged with a separate violation of refusal. A conviction of this charge could lead to a one year loss of your license.

When are police allowed to search my home?

The Supreme Court has ruled that the home is entitled to maximum protection from police searches and seizures. Specifically, the court has ruled that even if police have probable cause to believe that something illegal is going on inside your home, the 4th Amendment requires them to get a signed warrant from a judge to legally enter and search. The major exception to the search warrant requirement is where consent is given to an officer’s request to enter.

When are police allowed to search my car?

While police generally need a warrant to search you or your property — during a traffic stop, police only need probable cause to legally search your vehicle. Probable cause means police must have some facts or evidence to believe you’re involved in criminal activity. Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.

What do I do if police frisk me?

If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say “Officer, I’m not resisting. I do not consent to this search.” But you should only verbally refuse. Never physically resist. You could also get a felony charge for assaulting a police officer. If you believe you were wrongly frisked, consider filing a police misconduct report and contacting a lawyer.

When are the police allowed to frisk me?

If they have reasonable suspicion to detain you, police may conduct a pat down (frisk) of the outside of your clothing to check for weapons, but only if they have a basis for suspecting you’re armed. If they feel a hard item that might be a weapon, police may reach into your pockets. Sometimes officers reach into suspects’ pockets looking for drugs even if they don’t feel a weapon. This is common, but it’s illegal. Police may ask you to reveal the contents of your pockets. Just like other search requests, you have the right to refuse.

Once the police have arrested me, do I have to answer their questions?

No. If you’re arrested you have the right to remain silent and to seek legal counsel. If you’re arrested, don’t rely on the police to inform you of your right to remain silent and see a lawyer. Use the magic words “I’m going to remain silent. I would like to see a lawyer.” If police persist in questioning you, repeat the magic words. They’re your best protection if you’re under arrest. Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.