How to Say "No" to a Police Officer

by Tom Hudson

There are few experiences more disconcerting than to see the red and blue lights behind you on your way home from a social occasion, especially if you have had anything to drink.  The smell of alcohol on your breath is enough to get you arrested, and if you should stumble or exhibit any other sign of klutziness, it could spell a night in jail.

A very intimidating scene, indeed.  Few people feel comfortable asserting their rights in a situation like this, and the thought of refusing an officer's request for a field sobriety test or a breath test is awfully scary.   So how do you do it?  How do you say "no" in a way that will not have dire consequences down the line?

Here's a suggestion: If you want to say "no," say it like this:  "I'd like to talk to my lawyer."

In many instances, the officer's reaction will be, "you can't talk to your lawyer."

Many states, including Florida, have serious legal penalties for refusing to take a breath test in certain situations.  Some have penalties for merely refusing the field sobriety tests.  However, it may be up to a jury to decide whether you refused to cooperate.  And most juries will not say that a simple request to talk to your lawyer amounts to a refusal. 

In other words, the jury has the final say in whether or not you refused to cooperate.  In over three decades of practicing law, it's been my experience that jurors find a request to talk to your lawyer to be a reasonable one.  They do not equate it with a refusal to cooperate.  And that means that most juries will not convict a citizen of refusing a breath test if all the citizen did was to request a few minutes to consult with his attorney.

The Fifth Amendment to the U.S. Constitution guarantees all citizens the right to counsel when they are being investigated for a crime.  Most people do not know much law, but there is one thing that they do know:  that they have a right to a lawyer.  And they are very hesitant to deny that right to any other citizen. 

So, if you are in a position where you feel it is in your best interest not to give a sample, or to otherwise respond to a situation which threatens your arrest, the best no is these seven words:

"I'd like to talk to my lawyer."

Say it when you mean "no."  It's much safer than an out-and-out refusal. 

"Get a designated driver or call a cab.  It's cheaper than we are."

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