What to Do: Pulled Over for a Suspected DUI
There's nothing that gets your heart pumping, like seeing the flashing blue and red lights in your rearview mirror. Especially if you've had a drink or two before it happens. What's more important than anything is keeping your head, and knowing how to acct.
First of all, remain calm. Pull over and park your car immediately. Keep your hands visible, turn off your radio, turn on the interior light, and get your license and registration ready (you are required to provide this to the officer). Do not get out of your car unless instructed by the officer, as doing so gives the officer a reason to become defensive, as he has no idea, for instance, if you are in possession of a weapon.
At this time, it would be a great idea to mind your P's and Q's. Starting with a little respect and courtesy. Don't argue, don't berate the officer for pulling you over. Nine times out of ten, it's better to say little to nothing.
When the officer asks you if you have been drinking, you have some choices to make. You aren't required by law to answer this question. You could plead the fifth amendment and refuse to answer, and it cannot be held against you, or as evidence in court. The risk is that if you don't offer this information you could be questioned more pointedly.
Honesty will not get you out of a DUI. In fact, divulging that you just spent the past four hours at a bar because you broke up with your boyfriend is more than likely going to be used against you in court, so rather than risk incrimination, politely decline to answer the question.
If the officer asks you to step out of the car to perform a field sobriety test- follow a penlight with your eyes, stand on one leg, recite the alphabet backwards, etc.- you can legally refuse to do so. Such subjective tests are not standardized or reliable indicators of inebriation; in addition, most law enforcement personnel (especially the ones most likely to be pulling you over) are usually not fully or properly trained to administer these anecdotal tests.
However, in many states there are Implied Consent Laws which means you agree to taking chemical tests, blood, urine or breath tests to test for impairment. These of course are much more accurate than the field sobriety tests, you should check your state laws to see if you are required to take these tests upon request. In many states, refusal to take the test will result in an automatic suspension of your driver's license.
Even if you are found guilty by the officer, continue to remain calm. Throughout the ordeal it is in your best interest to cooperate with the officer. Do not actively incriminate yourself by arguing or becoming hostile. Rather than physically fight the officer, wait patiently and fight the DUI in the courtroom with an experienced attorney- the outcome will be much more favorable.
First of all, remain calm. Pull over and park your car immediately. Keep your hands visible, turn off your radio, turn on the interior light, and get your license and registration ready (you are required to provide this to the officer). Do not get out of your car unless instructed by the officer, as doing so gives the officer a reason to become defensive, as he has no idea, for instance, if you are in possession of a weapon.
At this time, it would be a great idea to mind your P's and Q's. Starting with a little respect and courtesy. Don't argue, don't berate the officer for pulling you over. Nine times out of ten, it's better to say little to nothing.
When the officer asks you if you have been drinking, you have some choices to make. You aren't required by law to answer this question. You could plead the fifth amendment and refuse to answer, and it cannot be held against you, or as evidence in court. The risk is that if you don't offer this information you could be questioned more pointedly.
Honesty will not get you out of a DUI. In fact, divulging that you just spent the past four hours at a bar because you broke up with your boyfriend is more than likely going to be used against you in court, so rather than risk incrimination, politely decline to answer the question.
If the officer asks you to step out of the car to perform a field sobriety test- follow a penlight with your eyes, stand on one leg, recite the alphabet backwards, etc.- you can legally refuse to do so. Such subjective tests are not standardized or reliable indicators of inebriation; in addition, most law enforcement personnel (especially the ones most likely to be pulling you over) are usually not fully or properly trained to administer these anecdotal tests.
However, in many states there are Implied Consent Laws which means you agree to taking chemical tests, blood, urine or breath tests to test for impairment. These of course are much more accurate than the field sobriety tests, you should check your state laws to see if you are required to take these tests upon request. In many states, refusal to take the test will result in an automatic suspension of your driver's license.
Even if you are found guilty by the officer, continue to remain calm. Throughout the ordeal it is in your best interest to cooperate with the officer. Do not actively incriminate yourself by arguing or becoming hostile. Rather than physically fight the officer, wait patiently and fight the DUI in the courtroom with an experienced attorney- the outcome will be much more favorable.
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