Getting pulled over on suspicion of DUI can be alarming – especially if you’re convinced that you haven’t broken any laws. But even if you have, there are specific steps you should take to make sure this situation doesn’t ruin your life.
1. Stay Calm and Be Polite
The first (and best) thing you can do is stay calm. It’s natural to feel anxious or upset, but keeping your composure is crucial. Pull over safely, turn off your vehicle, and turn on the cabin light if it’s dark. Keep your hands visible on the steering wheel and wait for the officer to approach.
When the officer approaches, be polite and respectful throughout the interaction. Any aggressive behavior or resistance can complicate the situation further. The last thing you want to do is make things worse or give the cop a reason to be frustrated with you. Cops are humans, and they’re much more likely to be critical if they sense that you aren’t respecting them.
2. Be Careful With What You Say
When stopped, the officer will likely ask for your driver’s license, registration, and proof of insurance. You are required to provide these documents so they are easily accessible to avoid fumbling through your belongings, which could be misinterpreted as suspicious behavior.
However, be cautious with your words. While you need to provide identification and documentation, you are not required to answer potentially incriminating questions. Politely decline to discuss your drinking, where you’ve been, or anything related to the stop. You can say, “I prefer not to discuss my evening until I speak with my attorney.” This will not stop a lawyer from conducting field sobriety tests, but it will require them to stop questioning you.
Eventually, you’ll probably want or need to make some statements about the situation. However, you can wait until you speak to your attorney and formulate a defense to do so. Don’t believe anyone who tells you that hiring a lawyer is an admission of guilt. That simply isn’t true. It’s actually one of the smartest and most proactive steps you can take.
3. Know Your Rights
If the officer suspects you of being under the influence, they may ask you to perform field sobriety tests or a breathalyzer test. It’s important to know that you have certain rights regarding these tests.
“Chemical tests – such as a breathalyzer test – have implied consent, which means that you are assumed to have consented for a test once you’re pulled over,” HGC Law explains. “If an officer pulls you over, avoid saying anything that could incriminate you and, as soon as you can, search for a DWI lawyer for advice.”
In some states, field sobriety tests can be declined without legal penalties. However, implied consent laws mean that refusing a breathalyzer or blood test can result in automatic license suspension and other penalties. Weigh the consequences of refusing these tests carefully – while refusal might help your DUI defense, it can complicate your driving privileges. (And in some cases, you can still get charged with a DUI in court, should law enforcement have other evidence that supports it.)
4. Lawyer Up Right Away
If you’re arrested or charged with a DUI, contact an attorney specializing in DUI law as soon as possible. An experienced DUI attorney can guide you through exactly what you need to do in your situation. They’ll also help you understand the charges and possible penalties and prepare a defense strategy.
The sooner you get an attorney involved, the better they can gather evidence, interview witnesses, and potentially mitigate the charges. Time is of the essence. Move quickly, and you’ll almost certainly get better results than you would if you were to drag your feet.
Adding it All Up
Being pulled over for a DUI can be scary, but it doesn’t have to ruin your life. If you know how to handle these stops, you can avoid making costly mistakes and instead put yourself in a position to achieve a more favorable outcome. There’s no guarantee that you won’t get charged, but even if you do, having an attorney with a plan can help you minimize the consequences so that you can move on with your life much sooner.