How to Handle a Traffic Stop for Driving Under The Influence (DUI)
Advice for those stopped by police
When someone is pulled over for driving under the influence, the best thing to do is remain calm and respect the officer. If asked questions, the driver should answer truthfully and cooperate.
The driver should not attempt to argue or negotiate with the officer. It is important to remember that any statement made can be used against the driver in court. They should also remain silent until they have an attorney present and refuse to take any field sobriety tests or submit to a breathalyzer test.
There are ten steps that can help you get through your traffic stop in Arizona without any problems.
1. Do not talk to police officers.
When pulled over for suspicion of driving under the influence (DUI), it is important to remember not to talk to a police officer without a lawyer. There is a right to remain silent, which you should exercise in these situations.
However, anything you say can be used against you in court, so it is best to remain silent and wait for legal counseling before saying anything. If a lawyer is available, do not answer questions or make statements after first speaking with one.
2. Keep your hands where the officer can see them.
When stopping for a suspected DUI, keeping one’s hands where the officer can observe them is crucial. This simple action can help create a sense of trust and cooperation between you and the officer, which could help avoid further escalating the situation.
Additionally, keeping your hands visible is a safety measure for both parties, as it reduces the possibility of misunderstanding.
3. If asked if you have been drinking, say no, and ask for a breathalyzer test.
Understanding your rights is crucial if you are pulled over because you may be driving while intoxicated (DUI). The National Highway Traffic Safety Administration (NHTSA) recommends following certain procedures if you are asked if you have been drinking.
It is important not to admit to drinking before taking a breathalyzer test, as it can be used in court. However, if you feel comfortable doing so, politely requesting a breathalyzer test would be acceptable as an alternative.
By doing so, you can demonstrate that you were willing to cooperate with the police officer and that you trusted your sobriety.
4. If asked about your destination, give an honest answer but do not admit to drinking or driving.
If you are stopped for a possible DUI, it is critical that you remain composed and forthright with the officer. When asked about your destination, you should give an honest answer but refrain from admitting to drinking or driving. It is also important to comply with all requests from the officer and not argue or resist.
Finally, remember that anything you say can be used against you in court, so it is best to remain silent until you have legal representation.
5. Do not consent to a search for a vehicle or person unless they are arrested.
When pulled over for suspicion of DUI, it is imperative to remember that you are not obligated to offer consent for a search for your vehicle or person. If you are not formally arrested, the police do not have the right to search for the property without permission.
It is within your right to politely decline any such request or demand for a search of your property. Make sure to clearly state that you do not consent to the search and are invoking your Fourth Amendment.
6. Ask the arresting officer why they stopped you and how long they would be detained.
When detained for a suspected DUI, it is imperative to remain courteous and cooperative with the arresting officer. Inquire why they stopped you and how long you would be detained.
It is important to know your rights and remain aware of the situation, but it is also important not to challenge or antagonize the officer in any way. Be aware that anything said or done during a DUI stop can be used against you in court.
7. Call a DUI defense lawyer as soon as possible after your arrest so that we can begin working on your case immediately.
When a DUI is stopped, it is advisable to contact the DUI defense lawyer as soon as possible. A DUI defense lawyer can be the difference between a conviction and having charges dropped or reduced. In addition, they can help you to understand your rights, advise you on the best course of action in your situation, and guide you through the legal process.
By consulting with a DUI defense lawyer early on, one can ensure that a case is handled properly and with the best possible outcome.
8. Do not admit to the police officer beyond what you have said in your written or taped statement.
If you are being investigated for a suspected DUI, it is vital to bear in mind not to offer additional information than what has already been shared. While it’s vital to be kind and cooperative with authorities, you should also keep in mind that you are free to remain silent and are not required to answer any questions. In a court of law, they can use everything you say against you.
Therefore, it is best not to answer any further questions and instead allow a qualified attorney to assist in any legal matters moving forward.
9. If you are released, do not drink or drive.
If you have been arrested for DUI, it is essential to bear in mind that drinking and driving pose an especially difficult situation. If you have been drinking, call for a ride home, or use public transportation to return to your destination safely. Never risk behind the wheel after consuming alcohol, as it puts both oneself and others on the road at risk of harm.
10. If you lose your license due to DUI, be prepared to lose your job, housing, and other important aspects of your life.
Taking the required actions to get your license back if you are found guilty of a DUI is crucial. Depending on your state’s laws, you may need to do a DUI screening, complete a DUI class, pay fines, and fulfill other requirements to reinstate your license.
Additionally, having an attorney specializing in DUI cases can help you deal with the complications of the legal system and work towards getting your license back as quickly as possible.
You should not consider a traffic stop for driving under the influence lightly. When pulled over to drive under the influence (DUI), it is important to remain calm, cooperative, and respectful.
If asked by the police officer, it is best to provide them with their driver’s license, registration, and proof of insurance. Do not admit guilt or make statements that they could use against you in court.
When asked to take a sobriety test, you have the right to refuse; however, refusal will likely result in your arrest and charges being filed. It’s critical to keep in mind that, even if you are arrested, an experienced DUI attorney can help you with your case. With these tips, one should be able to handle them easily.
About the Author
Lauren Kunis is the Content Marketing Strategist for Stonewall Institute, an outpatient alcohol and drug treatment center that focuses on a holistic, individualized approach to addiction recovery. She loves reading books, traveling, and going on hiking adventures with her dog Max.