Generally speaking, the police do not transport male and female arrestees or inmates in the same vehicle. There is a good reason. According to a recent article from the Green Bay Press Gazette, a male and female suspect who had been arrested separately for drunk driving were put in the back of the same police car to take them to the station.
While being transported, the couple started having sex in the back of the police cruiser. The officer immediately ordered the male DUI suspect to pull up his pants and placed him in the front of the police car.
When they arrived at the station, both were charged with lewd and lascivious behavior in addition to driving under the influence of alcohol.
At sentencing, the judge did not know how to sentence the couple, because he had never seen anything like this in his career as a lawyer or a judge. The prosecutor requested nine days in jail and a $1,500 fine, but after the judge saw that the male suspect had 19 criminal convictions, four of which were felonies, he sentenced him to 90 days in jail and said that this was probably the least offensive thing on his record. The female suspect was sentenced to 48 days in jail and a fine.
While it goes without saying that having sex in the back of a police car is not a good idea, there are a lot of other things you should not do when stopped on suspicion of drunk driving. As our Birmingham DUI defense attorneys can explain, when the police ask you if you would like to take the field sobriety tests, you can say no. There is no way for the police to force you to take the tests.
No matter how well you think you will do on the standardized field sobriety tests, the police will mostly likely write in the report that you failed every test. This can be used as evidence against you in your DUI trial in Alabama.
Another thing you should refrain from doing if you do not want to be convicted of drunk driving is answer the officer's questions. All of the questions are designed to gather incriminating evidence. Even simple questions, like asking if you were driving, can be used against you. This is especially important if the officer finds you asleep in your car or if you were in an accident. If the officer did not witness you driving, your admission can be used to convict you.
If the officer asks if you have been drinking, while not fatal to your case, it is best not to say, “I only had two beers,” as many DUI suspects say.
This is not to say that you should be argumentative with the police officer. It also does not mean that you should say “no” as your answer to any questions. It is best to say that you will not answer any questions or take any tests without an attorney present. This is not a denial; it is simply asserting your privilege against self-incrimination.
Two sentenced for Oconto Co. squad car tryst, October 11, 2014, The News Tribune
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User Rights: Testing THC Without a Breathalyzer, June 7, 2014, Birmingham Underage DUI Defense Lawyer Blog