How to Handle the Five-O

Confession time: I come from a family of cops. One time, when I was 18, I was making out with a boy in his car in the park when the police showed up. Immediately, he asked how old we were, then demanded ID from my boyfriend who looked older but was in fact several months younger than yours truly. When he saw my name, he looked up and said “Are you related to Officer [Name]“?

“Yes,” I shyly confessed. “He’s my mother’s cousin.”

“Well, I’m not going to escort you home, but if I catch you out here again, I know who your parents are.”

That wasn’t the end of that dating relationship, but it probably should have been.

I digress.

Point is, my whole life, I’ve known how to handle cops and handle myself around cops. I’ve never been scared of the police, I’ve always looked to them when I need help, and I still usually waive if I see one while I’m out and about. I never thought this came from being in a family of cops, just from having common sense. Then, there was Sara.

Sara was an employee of mine back when I was a retail manager. For a seventeen year old, she had a good head on her shoulders. She was polite, friendly, and worked hard to meet and exceed her sales goals, even if she did occasionally goof off. She was one of our best workers, and I tended to try and give her and one other person the bulk of the sales associate hours I had available to me.

Then, one morning, Sara called me in tears. She was meant to start her shift at 6PM, but she wouldn’t be in that night, or any night for a long time. Sara was grounded from all activities, including work, for at least two weeks following a DWI arrest with possession charges.

What?

Weeks later, when she arrived back at work (her parents took on the duty of driving her everywhere from then on out) she told me that she’d been going home from a party after a night of very light drinking, as she was the designated driver. She was following a friend to make sure they got home safely when she saw the flashing lights behind her. She pulled over, and the officer told her that she’d been following too closely. Smelling alcohol on her breath (allegedly), the officer asked her to step out of the car. Outside the car, the officer asked her if she’d been drinking. She told Sara that, if she complied and was honest, she would be lenient. Sara admitted to drinking. Bingo, this officer now had an underage drinker without a Breathalyzer!

Then, she asked Sara to submit to a Breathalyzer test, and she did. According to Sara, the officer tested her four times, until she registered a .08. At this point, the officer asked Sara if she could search the car, once again promising leniency. Sara agreed.

In the trunk was a bong with residue and a couple of joints.

Sara had called me from her house after being locked up overnight. When called, her furious parents refused to bail her out until the next morning (which, FYI, is what my parents would have done as well when I was that age.) The last I heard, Sara’s parents had hired a very good attorney and were fighting all the charges.

Unfortunately, it was an uphill battle.

Sara had done everything wrong. She stepped out of the car without asking if she was under arrest, she admitted to drinking, giving probable cause for the Breathalyzer. She allowed herself to be repeatedly tested. She allowed a search and even told them what they’d find.

However, you do not need to be another Sara. The ACLU has put together a handy-dandy little guide called What To Do If the Police Stop You and it is imperative that you read it! Do not give up your rights! However, I’d like to point out one thing about car stops:

You do not have to consent to a Breathalyzer in some states! In the state in which I live, you have the right to ask for a blood test, which is more accurate and must be administered at a hospital. Between dealing with the remainder of the stop and waiting in the hospital, you will stall for possibly hours, and every hour you’re not drinking is one less unit of alcohol floating around in your blood system. Do know, however, that if you’re completely tanked, a blood test is more accurate and less likely to be thrown out in court than a Breathalyzer, so exercise caution when demanding a blood test. But if you, like Sara, are right on the cusp of the limit, for god’s sake, know if your state allows it or not, and if so, demand a blood test!