Imagine you’ve been out with a few friends for dinner and drinks. Although you’ve had a few drinks you feel fine to drive. You’re almost home when you see the dreaded red and blue lights in the rear-view mirror. You think to yourself, “Oh crap!”
On more than several occasions, I’ve written about what you can and can’t do when pulled over on suspicion of a California DUI. But how many of you have memorized what I’ve written? How many of you have jotted down what I’ve written to keep handy in a glove box?
Instead of desperately trying to remember my posts on what to do if you’re pulled over on suspicion of a California DUI, and running the risk of getting it wrong, just download the “Oh Crap” app.
The app, when opened, tells the driver what they can and cannot do when they’re pulled over on suspicion of a DUI.
Iowa attorney Bob Rehkemper, one of the creators of the app, says that the app provides basic legal rights, a blood alcohol calculator, and an emergency “Oh Crap” button.
When the “Oh Crap” button is pushed, your phone will provide advice such as “the less you say the better,” “be polite,” and “lawyer up.” If the “Oh Crap” button is pushed, the phone’s voice recorder will begin recording any conversation the DUI suspect has with the officer and send the audio file to a secure server.
The audio file can serve as evidence if there is a legal dispute as to what was actually said during the DUI stop.
Linn County, Iowa, Sheriff Brian Gardner has criticized the app saying that it could pose a potential dangerous situation because approaching officers could mistake the phone for a weapon.
“If it stops you from being intoxicated and driving, I’m certainly in favor of it. If it tells you how to be intoxicated and drive, and get away with it, there may be some concern there,” Sheriff Gardner said.
Sorry, Sheriff Gardner, it’s not about getting away with driving drunk. It’s about knowing and exercising rights that have been given to us by the United States Constitution.