Getting pulled over, especially for a suspected DUI, can be extremely stressful. Staying calm, knowing your rights, and making smart decisions are crucial. This guide outlines what to do during a DUI stop, including understanding what officers look for, your legal rights, and practical steps to protect yourself. While laws vary by state, these strategies can help you navigate this challenging situation.
Stay Calm and Pull Over Safely
When you see police lights behind you, your first priority is safely stopping your vehicle. Pull over as soon as it’s safe to do so, ideally in a well-lit area like a parking lot or the right shoulder of the road. Use your turn signal to indicate your intentions and come to a complete stop.
Turn off your engine and place your hands on the steering wheel where the officer can see them. This demonstrates that you’re not a threat and helps establish a cooperative tone for the interaction. Avoid making sudden movements or reaching for items unless specifically asked to do so.
Keep your seatbelt fastened until the officer asks you to remove it. Many people instinctively unbuckle their seatbelt when stopped, but this can be interpreted as preparation to flee or as a sign of impairment. Officers are trained to notice these details and may use them as evidence of intoxication.
Turn on your interior lights if it’s dark outside. This helps the officer see inside your vehicle and reduces their anxiety about the stop. Roll down your window enough to communicate clearly, but you’re not required to roll it down completely.
Exercise Your Right to Remain Silent
You have the constitutional right to remain silent during any police encounter, including DUI stops. While you must provide your driver’s license, registration, and insurance information when requested, you’re not obligated to answer questions about where you’ve been, what you’ve been doing, or whether you’ve been drinking.
Police officers are trained to ask seemingly innocent questions designed to gather evidence of impairment. Common questions include “Do you know why I stopped you?” or “Have you had anything to drink tonight?” Your answers to these questions can be used against you later in court.
If asked about drinking, you can politely say, “I’m exercising my right to remain silent” or “I prefer not to answer questions.” This isn’t an admission of guilt—it’s simply protecting your legal rights. Officers may become more persistent, but stay firm in your decision.
Some people worry that refusing to answer questions makes them look guilty. However, anything you say can potentially be misinterpreted or taken out of context. Even admitting to “just one beer” provides evidence that you’ve been consuming alcohol before driving.
Understand Field Sobriety Tests
Field sobriety tests are physical and mental exercises that officers use to assess impairment. The most common standardized tests include the horizontal gaze nystagmus (following an object with your eyes), the walk-and-turn test, and the one-leg stand test. Officers may also use non-standardized tests like reciting the alphabet or counting backwards.
Here’s a crucial fact that many people don’t know: field sobriety tests are generally voluntary in most states. You have the right to refuse these tests without automatic legal penalties. However, officers often present them as mandatory or suggest that refusing indicates guilt.
Field sobriety tests are designed for failure. They’re difficult to perform perfectly even when sober, especially for people with medical conditions, physical limitations, or anxiety. Factors like uneven pavement, poor lighting, uncomfortable shoes, and nervousness can all affect your performance.
If you choose to refuse field sobriety tests, do so politely but firmly. Say something like, “I respectfully decline to perform field sobriety tests.” The officer may try to convince you otherwise, but stand your ground. Remember that your refusal cannot be used against you in most states, while poor performance certainly can be.
Know Your Rights Regarding Chemical Tests
Chemical tests—breath, blood, or urine tests—are different from field sobriety tests and carry different consequences for refusal. Most states have “implied consent” laws, meaning that by driving on public roads, you’ve implicitly agreed to submit to chemical testing if lawfully arrested for DUI.
Refusing a chemical test typically results in automatic license suspension, often longer than the suspension you’d face for a first-time DUI conviction. However, this administrative penalty is separate from any criminal charges you might face. In some cases, refusing the test might actually strengthen your defense by depriving prosecutors of key evidence.
The decision whether to submit to or refuse chemical testing is complex and depends on your specific circumstances. Factors to consider include your blood alcohol content level, whether this is a repeat offense, and the potential consequences in your state. A DUI defense attorney, like those in St. George, can provide valuable guidance, but unfortunately, you typically have to make this decision quickly and without the benefit of consulting an attorney.
Pre-arrest breath tests, sometimes called preliminary alcohol screening (PAS) tests, are generally voluntary for drivers over 21 unless you’re already on DUI probation. These roadside tests are less accurate than station tests and are primarily used to establish probable cause for arrest.
Document Everything You Can Remember
If possible, try to remember as many details about the stop as you can. These details could become crucial if you need to challenge the officer’s version of events later. However, don’t attempt to take notes or use your phone during the stop itself, as this could be seen as suspicious or non-cooperative behavior.
Pay attention to the reason given for the stop. Officers need reasonable suspicion that you’ve violated traffic laws to pull you over. Common reasons include speeding, weaving between lanes, or equipment violations. If the officer doesn’t have a valid reason for the stop, any evidence gathered afterward might be suppressed.
Notice the officer’s behavior and questions. Were you read your Miranda rights? Did the officer explain the consequences of refusing tests? Was the stop conducted professionally, or did the officer seem to have already decided you were guilty? These observations could be relevant to your defense.
Document any medical conditions or medications that might affect your performance on field sobriety tests or chemical test results. Conditions like diabetes, inner ear problems, or leg injuries can impact balance and coordination. Many medications can also cause symptoms that mimic impairment or affect test results.
After the Stop: Protect Your Future
Whether you’re arrested or released after the stop, your next steps are crucial for protecting your legal rights and future. If arrested, you’ll go through the booking process and may face both criminal charges and administrative license suspension. Understanding what happens next can help you make informed decisions about your defense.
Contact an experienced DUI attorney as soon as possible. Many attorneys offer free consultations and can explain how local laws apply to your specific situation. Time is often critical in DUI cases, particularly for challenging administrative license suspensions, which typically must be requested within 10 to 15 days of arrest.
Avoid discussing your case with anyone except your attorney. Don’t post about the incident on social media, and be careful about what you say to family and friends. Prosecutors sometimes subpoena social media accounts and call witnesses to testify about statements you’ve made.
If you weren’t arrested but suspect you might face charges later, still consider consulting with an attorney. Sometimes charges are filed days or weeks after the initial stop, especially if blood test results are pending. Having legal counsel early can help you prepare for whatever comes next.
Conclusion
Now that you have a better understanding of the legal process surrounding DUI charges, it is important to always exercise caution and responsibility when it comes to drinking and driving. Not only can it result in serious legal consequences, but more importantly, it can also put yourself and others at risk.
