Written by Tana Fye
Driving under the influence (DUI) is a serious offense that can have significant legal consequences. Being pulled over for a DUI can be a stressful and overwhelming experience, especially if it’s your first time. It’s essential to know what to do and not do when you’re pulled over for a DUI. Here are some helpful tips to guide you through this process:
What to Do:
1. Be Respectful: The first and foremost thing you should do when pulled over for a DUI is to be respectful and courteous to the officer. Always remain calm and cooperative throughout the entire interaction, even if you disagree with the officer’s actions. In the moment, there is nothing that you can do to make the officer change his/her mind about what needs to be done. Issues can be challenged later by your attorney in court, but only if you stay calm and respectful.
2. Provide Your Documents: When an officer pulls you over, they will ask for your driver’s license, registration, and proof of insurance. Be sure to provide them with these documents without hesitation. Failing to do so could lead to additional charges.
3. Stay Silent: It’s important to remember that anything you say can be used against you in court. So, it’s best to remain silent and avoid answering any questions related to your drinking. You have the right to remain silent, and it’s in your best interest to exercise that right.
4. Decline Field Sobriety Tests: You have the right to decline field sobriety tests. You should do this. These tests are not evidence-based, and only make a person look impaired even if sober.
5. Take a Preliminary Breath Test: If the officer asks you to take a preliminary breath test, you are required by law to comply. Refusing to take a test can lead to automatic license suspension and additional charges, with the associated penalties.
6. Cooperate with a Blood, Breath, or Urine Test: If the officer directs you to submit to a blood, breath, or urine test, you are required by law to comply. Refusing to submit to the test can lead to automatic license suspension and additional charges, with the associated penalties.
7. Hire an Attorney: If you end up charged with DUI or any other criminal charges after being stopped, hire an experienced criminal defense attorney as soon as possible to represent you.
What Not to Do:
1. Don’t Lie: Lying to the officer about your drinking or other details can only make matters worse. Always tell the truth, and avoid making false statements.
2. Don’t Resist Arrest: Resisting arrest is a criminal offense, and it can lead to additional charges. Even if you believe that you’re innocent or that the law enforcement officer has acted wrongly, it’s important to comply with the officer’s instructions and cooperate throughout the arrest.
3. Don’t Admit Guilt: Never admit guilt to the officer, even if you’re under the influence. Anything you say can be used against you in court, so it’s best to remain silent and avoid incriminating yourself.
4. Don’t Drive After Drinking: The best way to avoid a DUI is to never drink and drive. If you plan to drink, make sure you have a designated driver, use a ride-sharing service, or take public transportation.
5. Don’t Panic: Being pulled over for a DUI can be a stressful and overwhelming experience, but it’s important to remain calm and composed throughout the interaction. Panicking or becoming emotional can only make matters worse, and it can lead to further legal complications.
6. Don’t Represent Yourself: If you end up charged with DUI or any other criminal charges after being stopped, hire an experienced criminal defense attorney as soon as possible to represent you. Representing yourself on a case like this is a bad idea. DUI cases are complex, with many requirements that have to be followed by law enforcement. Experienced attorneys know what to look for and can give you the best advice possible.
Being pulled over for a DUI can be a frightening experience, but knowing what to do and what not to do can make a significant difference in the outcome of your case. Always remember to be respectful and cooperative with the officer, hire an attorney if charges are filed. If you are charged with DUI or any other criminal charges, we can help you. Call our office if you’d like to schedule a consultation with one of our attorneys.