7 Tips for a DUI Stop
1. Shut up. I hate to be blunt, but sometimes people only pay attention to harsh communication. Shut up. You have the right to remain silent, even though the cop doesn't have to inform you of your rights. You don't have to answer his questions. And any responses you do give (or spontaneous statements you make) will be used against you. Yes, the cop will make notes about what you say. It will be used in court. So just don't talk. You have to provide your name, driver's license, registration, and insurance card, but that's it. No more talking.
2. Be polite. This might seem contradictory to the first tip, but it's not. You can respectfully keep quiet. You can politely say "I choose not to answer any questions until I speak with an attorney."
3. Ask if you can leave. The cops can stop you if they suspect that you have violated the law. But this type of stop is very loosely governed. They do not have to advise you of your rights to be silent and to have an attorney. This is where many drivers talk too much and dig themselves into a hole. If you ask if you are free to leave the scene, the officer must answer. If you are free to leave, do so. If you are not free to leave, say "I want an attorney." The officer must stop questioning you until you have an attorney present.
4. You can refuse field sobriety tests. Field sobriety tests are things like touching your finger to your nose, reciting the alphabet, and walking along a straight line. You are not required to perform these exercises. If you think they will incriminate you, you should politely refuse to do them. In fact, these exercises are highly subjective, and sober drivers can end up "failing" in the eyes of the officer.
5. You can refuse the field breath test. Policemen carry hand-held breath test devices that they bring out during traffic stops. You do not have to blow into it. This device is used to see if the officer has probable cause to initiate an arrest. If your breath alcohol level is high enough and it registers on the hand-held device, probable cause is no longer an issue. The reading from this portable device cannot be used against you at your trial because they are not reliable enough. Do you want any part of your future hanging on an unreliable device?
6. You cannot refuse the police station breath test. If the officer decides to arrest you, he will take you to the station for a breath analysis. This breath test device has a printer hooked up to it, and you'll be asked to blow into a long tube. You cannot refuse this test. By having a Virginia driver's license, you have already consented to this test. If you get to this point, do what the officer asks. But still keep quiet.
7. Don't drink and drive. You knew this was coming. Didn't you? The best way to avoid a DUI conviction is to not drink and drive.
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