Featured News 2014 How to Act When Stopped For a DUI

How to Act When Stopped For a DUI

Being stopped on suspicion of driving under the influence can be scary. While a person may feel as though they are alright to drive and have only a little to drink, law enforcement may disagree. When stopped for a DUI, knowing what to expect and how to act can benefit any driver.

Stay Calm & Know Your Rights

From the moment the police pull over a car, they are screening how a driver interacts with then. A person's immediate and initial actions can have serious implications, especially when criminal charges are on the line.

The first things a person should do is remain calm and remember that they have rights. Remaining calm and complying with an officer can go a long way. Have license and registration in an easily accessible place to avoid fumbling for this information. If an officer asks the driver to get out of the vehicle, it is recommended to do so in order to avoid a resisting arrest charge. Avoid leaning on the car, which can make a person appear intoxicated.

Know What Rights a Driver Has

Keep in mind that there are many things a person can do that will implicate them for driving under the influence. Once a person hands their license and registration to the officer, there is no legal obligation to provide any further information.

If stopped on suspicion of DUI, a driver does not have to:

  • Answer any questions asked by an officer
  • Submit to a breath test
  • Participate in field sobriety tests
  • Give blood for a blood test unless presented with a warrant
  • Disclose any prescriptions they have taken
  • Give verbal consent for an officer to search the vehicle without a warrant
  • Go through the arrest alone (call a DUI lawyer as soon as possible)

It is important to realize that anything done at a DUI stop is building a case against the driver. While some of these actions may carry alternative consequences, refusing to answer questions or take tests can mean that the officers do not have definitive proof that the driver was under the influence while driving.

However, there are some things that may help build a case for the driver. For example, if a driver has not been drinking, submitting to a breath test can help prove the case that they are not guilty of driving under the influence.

No matter what, invoke the right to an attorney when stopped on suspicion of DUI. Preparing for the worst case scenario can help make sure that the best outcome follows.

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