What To Do If You Are Stopped By The Police

If you have been drinking or smoking marijuana this is not a good time to be talking to the police! They are going to smell the marijuana or the alcohol coming from the car. Both are going to perk the interest of the police officer.

When You’re Pulled Over For OUI

Roll the window down about two inches, enough to pass your license and registration out to the officer.

If he asks you to roll your window down further, nod NO!

If he begins to ask questions you do not have to answer, give them my business card with your Rights on the back of it! I prefer that you not talk but just nod your head either NO or YES to questions.

Click Here to download my business card in PDF format with your rights printed on the back.

At this point the officer is going to make a determination of what amount of evidence he/she has to arrest you! Everything else you do will make into the police report and be told to the jury!

If he/she says you are going to be arrested, shrug your shoulders and be compliant with his/her instructions to the squad car.

  • You do not have to answer question!
  • You do not have to do field sobriety tests (FST’s).
  • You do not have to take the Preliminary breath test (PBT).
  • You do not have to take the Breath Test (BT).

You need to be advised that there are consequences to not doing the things above! If it is your first OUI/DUI then your license will be suspended for the first offense a 180 days. The suspension will rise if you have had prior OUI/DUI’s see our information on repeat OUI.

The important part is we are giving you the information on what you do not have to do to keep you from having a conviction on your record!

After you are released you need to contact our office immediately so we can be with you for the arraignment and properly set this up for a quick trial.

Let’s face it, the officer is invested in the stop of your car for whatever reason. You are not going to talk your way out of an arrest. If you’ve had too much to drink or recently smoked marijuana. Simply crossing the fog line or yellow line may give them reason to stop your car BUT that is not enough to find you guilty of OUI/DUI driving.

Pass this around to your friends and call us if you need help with your families’ case! We are here to assist in what is a most traumatic and/or embarrassing period of you or your family’s life—those who have been arrested for OUI/DUI liquor or drugs!


Additional Information:

Do You Know Your OUI/DUI Rights?

Charged for OUI with Marijuana

OUI 1st Offense

Attorney Gregory Oberhauser

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Gregory Oberhauser is the ONLY attorney in Massachusetts to be distinguished as an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society!

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