Submit ZIP Code

Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Is being asked by cops to say the alphabet backwards a trap for DUI?

There's no way I could do that even stone sober. Do cops really ask that. What if I get pulled over and I'm not drunk but I can't do that? Is this a trap for getting a DUI even if you're not legally drunk?


Click here to get answers from a local criminal defense attorney
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    The police can ask such questions or any other to assess your sobriety. You don't have to answer them of course which refusal is itself something they can consider in determining whether your mental faculties are impaired by drugs or alcohol. How probative it is that you can not do the alphabet backwards would be a matter for the jury's' consideration in a trial.
    Answer Applies to: California - Replied: 3/11/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    Is this a trap Sure. One of a series in the Field Sobriety Test you are required to perform. There is no such thing as legally drunk. There is driving under the influence, which is what they are testing for.
    Answer Applies to: California - Replied: 3/9/2013
    Hudson Bair | Hudson Bair
    1440 Broadway, Ste. 902
    Oakland, CA 94612
    (510) 645-0027
    Yes, even though the likelihood of completing the alphabet backwards is slim regardless of alcohol consumption, it is highly unlikely that a jury would ever convict you if that was the only evidence of DUI. You should contact a DUI attorney in your area to discuss the possible defenses and likely outcomes.
    Answer Applies to: California - Replied: 3/8/2013
    Patrick Mahaney | Law Office of Patrick Mahaney
    8244 Old Federal Road
    Montgomery, AL 36117
    (334) 277-3974
    There is no requirement under Alabama law, either case law or statutory law, that requires a motorist to participate in 'field sobriety tests' such as the 'A-B-C's' test.

    In fact, there is absolutely no validity to those type tests in any event. Only the horizontal gaze nystagmus, nine-step walk and turn, and the 30 second 'one-leg-stand' have been proven to have even slightest level of validity, and only under clinical conditions, such as a laboratory.

    Your best course of action is to provide the officer your driver license, proof of insurance, and vehicle registration.

    That is all that is required by law. At that point, you should inform the officer that you wish to consult your attorney and that you are asserting your 5th Amendment privilege to say nothing and to do nothing unless your attorney advises you.
    Answer Applies to: Alabama - Replied: 3/8/2013
Click to View More Answers:
1
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.