We have all in some sort of way or fashion heard or seen the Massachusetts Police slogan “You drink … You drive…You lose”. They plaster it all over the TV and flashing signs that sit above or to the side of our state highways. Many people don’t think about these warnings and believe they are fine to drive after consuming alcohol at a social gathering, dinner, or sporting event. The reality is you may not be fine to drive and without having a reliable portable breathalyzer on you, there is no way for you to be certain what your blood alcohol level content is. Some clever people try to calculate their blood alcohol level themselves with the help of an alcohol consumption chart. These calculations while sometimes helpful are not always going to be accurate either as alcohol effects everyone differently and does not take into account other factors such as: the amount of sleep, medication and food consumption you have had. These factors play an important role in how the alcohol you consumed will effect you. In Massachusetts the legal limit is .08 for an adult operator over the age of 21. It does not take a lot of drinks to reach that level of intoxication. Even if you are under the legal limit and are stopped by police you still may be cited for driving while impaired. If you have been drinking and are being pulled over by the police you should know your rights.  First, try to remain calm. It is normal to feel anxiety or stress from being stopped by the police. The flashing lights and an officer approaching your vehicle can be intimidating. A common misconception is that the more you cooperate with a police officer the more likely you are to be let go. That is not always the case. You should be polite and courteous to the officer. Upon being requested by the officer you should provide your license and proof of registration. The officer will try to ask you a series of questions in order to gather information about you. Such as how many drinks you have had or where you are coming from. Even admitting to one or two will be used against you. Many people think that they can just say a couple and the officer will believe them and move on. In almost all situations they will not. The officer will then look for signs of impairment such as glossy eyes, the smell of alcohol or slurred speech. If you do decide to exit your car and voluntarily submit yourself to the roadside tests, the officer will be looking at how you exit the car, did you brace yourself against the car as you walked back. All of your movements will be watched closely. Second, you always have the option to inform the officer that you will not answer any of his questions until your attorney is present. If an officer asks you to step out of the car to perform some voluntary field sobriety tests, you have the right to refuse them. You also have the right to refuse a breathalyzer. Of course each does have potential penalties such as a fine or loss of license. Taking this approach may land you in jail for the night but could help your court case. The officer is building a case against you, each movement is watched closely. Each statement you make is giving the officer more chances to look for an impairment. You want to answer the officer but not offer up any information that is not asked of you. Officers are trained to spot impaired drivers and will use the information gathered from the stop against you in a court of law. You should never put the lives of others on the road in jeopardy by driving while impaired. However, if you find yourself facing a OUI charge you should have an experienced lawyer on your side. Call Silva Law today for a free consultation.