Police following you home.

There are several local watering holes that police have recently decided to set up on. Officers will wait for patrons to leave a local bar and will follow them seeking to develop probable cause to make a stop. Understand that any traffic violation no matter how seemingly insignificant can be cause for a traffic stop. Conveniently, the officer will forget to write in his report, later, that he was waiting for someone to leave the bar and it happened to be you.

So you get pulled over and the officer miraculously claims he can smell alcohol on your breath. Do you say, "gee officer, you must be nuclear subatomic physicist because I know you watched me leave the bar and now you are claiming you smell alcohol on my breath."

Probably not a good idea, but it doesn't hurt to know what to do in this situation. First NEVER submit or agree to any testing. The officer is not testing you to decide whether you are "OK to drive home." He is gathering evidence. If you don't believe me, decline all tests and politely refuse to answer any questions. Watch how quickly you get arrested.

But then, since the officer decided he had probable cause to arrest you without any tests being performed, why does he need you to perform any tests? Because he is gathering evidence. You are being videotaped and you are on audio, too. Everything you say and do is being recorded. After you are placed in the back of the police car, you are still being recorded, both video and audio.

Don't say or do anything that can complicate your case. Provide your driver's license and insurance information and then politely refuse to engage in discussions with the officer. After you have been arrested and are in the police car, refuse to talk to the officer. He is still recording you all the way to jail. Do not talk to him or answer his questions. Right away you need to ask for your lawyer. Keep asking for your lawyer in strong terms, "I want my lawyer", "I want to talk to my lawyer." Asking the police officer that is arresting you if you should talk to your lawyer is like asking your child if they want to eat their vegetables - what do you think they are going to say?

The smartest thing you can do for yourself is realize that the police officer is not your friend. Also be comforted by the fact that it is not legal for the officer to follow you out of the parking lot to develop his probable cause. If you can remain silent and request your lawyer, you have a good chance of getting the whole thing thrown out. But making admissions and giving the officer evidence against you will only guarantee that you will make it easier for you to be prosecuted.

Remember, it is not illegal to have a drink and then drive regardless of what the catchy slogan says, "Drink. Drive. Got to Jail."

Not quite. It's Drink. Become intoxicated. Drive. Go to jail.

Of course you should not ever drive after having an alcoholic drink and definitely do NOT EVER have an open container in your automobile. You are guaranteeing your arrest.