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Here’s a very successful tactic I’ve been using lately during DUI stops. Just before I make the arrest, I ask the driver if he has any children or other loved ones. If he says he does, I’ll then ask, “In your current condition, would you be driving if you had your kids in the car?” About 85% will say no, because they don’t want to look like an irresponsible parent. I’ll then ask him, “Why not?” to which he’ll usually answer with a comment about it being too dangerous or something.
This works out well when you get in front of a jury because you can show that the person knew he was drunk enough to be a danger to his kids or loved ones. Then you can also show that he still chose to drive and endanger everyone else’s kids on the road. I have had several jurors say that the response to that question was a major factor in a guilty verdict and I have even had a couple of attorneys good heartedly ask that I stop asking that question because it is so hard to defend.