Being pulled over for DUI is a nerve-wracking experience for almost anyone. Your statements and actions at the stop can make a significant difference in what ultimately ends up happening.
Police officers must have reasonable suspicion to pull you over and probable cause to arrest you for DUI. The reasonable suspicion can be for a crime other than DUI.
For example, you might be pulled over for a broken headlight, running a stop sign or some other type of traffic violation. The police officers may be using this as a basis to stop you to investigate for DUI.
Pull over safely
Never try to outrun the cops. When you see the officer’s flashing lights in your rearview mirror, pull over into a safe place. Be ready to give the officer your name and show your identification and registration.
One of the most important things to remember is your right to remain silent. You do not need to give the officer any information other than your name and any other identifying information they ask for.
The police officers will almost always ask if you have been drinking. Never admit to drinking any amount of alcohol. Many people believe that if they say they have had “a couple beers” or “one glass of wine” they can avoid being arrested for DUI.
However, your answer to this question will be used against you. Most police officers expect a driver who has been drinking to give these types of evasive answers.
Admitting that you had any amount of alcohol gives the police the evidence they need to conduct a more thorough DUI investigation. Say no to the question.
Do not be rude or aggressive
Always be polite and respectful to the police officers, even if they ask you the same questions repeatedly or act rude to you. Officers will sometimes repeat questions to see if you give inconsistent answers.
Even if you do not give any information, the officers may ask you to get out of your vehicle and perform field sobriety tests.
Field sobriety tests are a series of activities designed to check for signs of impairment by testing your balance, coordination and memory. You may be asked to follow a beam of light with your eyes, walk heel-to-toe for nine steps forwards and backwards or balance on one leg.
You are under no legal obligation to perform these tests. Many drivers are arrested for DUI because failed field sobriety tests give officers the probable cause they need to make the arrest.
The problem is that field sobriety tests are an unreliable indicator of impairment. It is common for drivers to fail the tests only because they are nervous.
Drivers typically submit to the tests because they feel that they must. Remember your right to refuse. Simply say no and continue to be polite and respectful.
How to handle chemical tests
This is not the case when it comes to chemical tests, such as blood or breath tests. You may face legal penalties for refusing a chemical test, such as the immediate loss of your driver’s license.
If you find yourself arrested for DUI, it is best to take immediate action. A DUI conviction comes with many consequences, most of which you cannot afford. There are potential defenses to DUI charges that may be available to you.