Being pulled over for a suspected DUI is a high-stress situation that can easily cause you to panic and do something that isn’t smart. But knowing how to handle this kind of traffic stop can help you out quite a bit.
Pulled Over for DUI? Act Quickly
When you’re driving down the road and you see those blue lights flash in your rearview mirror, it’s amazing what it can do to your body. Your heart rate skyrockets, adrenaline pumps, and you can easily lose your cool. But it’s important to have a game plan for what to do next.
Here’s a step-by-step guide to navigating a DUI traffic stop calmly and effectively.
- Stay Calm and Cooperative
The first thing you need to do is remain calm. Panicking or acting defensively can escalate the situation unnecessarily. While easier said than done, take a deep breath (or three) and proceed with intentionality.
Pull over safely to the side of the road as soon as it’s safe to do so. Turn off your engine, roll down your window, and keep your hands visible on the steering wheel.
When the officer approaches, be polite and cooperative. Greet them respectfully and provide the requested documents, such as your driver’s license, registration, and proof of insurance. While you should always comply with these basic requests, it’s important to avoid offering additional information that could work against you.
- Be Mindful of What You Say
One of the biggest mistakes people make during a DUI stop is saying too much. The officer will likely ask questions designed to gather evidence, such as “Have you been drinking tonight?” or “Where are you coming from?”
You are not obligated to answer these questions directly. Instead, politely say, “I prefer not to answer that question.” You have the right to remain silent to avoid self-incrimination, and it’s often wise to exercise this right.
At the same time, avoid being confrontational or rude. You don’t need to get an attitude or be aggressive with your responses. You can calmly let the officer know that you aren’t interested in answering their questions. The goal is to protect your rights without escalating the situation.
- Understand Field Sobriety Tests
If the officer suspects you of driving under the influence, they may ask you to perform field sobriety tests, such as walking in a straight line, standing on one leg, or following a light with your eyes.
These tests are subjective and often used to gather evidence against you. Factors like nerves, poor balance, or physical conditions unrelated to alcohol can cause you to perform poorly – even if you’re sober.
You are not legally required to participate in field sobriety tests in most states, and it’s often in your best interest to decline them politely. You can say, “I respectfully decline to take these tests.”
- Know Your Rights Regarding Breathalyzer Tests
Breathalyzer tests are a common tool used during DUI stops to measure blood alcohol concentration (BAC). However, the rules around breathalyzer tests depend on the type being administered.
- Preliminary Breath Test (PBT): If the officer asks you to take a breath test at the scene, it’s typically a PBT. These tests are less accurate and often optional. Refusing this test may not result in immediate penalties, but it’s best to check your state’s laws.
- Chemical Breath Test: After an arrest, you may be required to take a more accurate breathalyzer test at the station. Refusing this test could result in automatic penalties, such as license suspension or fines, under implied consent laws.
If you’re unsure about whether to comply, it’s a good idea to contact a DUI attorney before making a decision.
- Document the Interaction
If the traffic stop leads to an arrest or further legal action, having a detailed record of the interaction can be really helpful and important for your defense. As soon as it’s safe to do so, write down everything you remember about the encounter, including:
- The time and location of the stop.
- The officer’s behavior and any specific statements they made.
- Your interactions during the stop, including questions asked and your responses.
If you notice anything unusual, such as the officer being aggressive or failing to explain your rights, make a note of it. These details could support your case later.
- Request Legal Representation
If you’re arrested on suspicion of DUI, request a lawyer immediately. Avoid answering additional questions or providing statements until you’ve spoken with your attorney.
An experienced DUI attorney can help you navigate the legal process, protect your rights, and challenge the evidence against you. For example, they may question the legality of the stop, the accuracy of the tests, or whether proper procedures were followed during your arrest.
Adding it All Up
Driving under the influence is a serious charge with serious consequences for a conviction – especially if you already have additional DUIs on your record. With that being said, it’s imperative that you know what to do if you’re ever pulled over on suspicion of DUI.
Use the information in this article as a guide, but always get legal advice from an attorney.
Speaks from heart, always too passionate and driven by emotions. Spins the words with kindness & sharpness, intriguing your ever-inscrutable minds.
