What to do During a DUI Stop

August 1, 2024

Being pulled over for a DUI can be a stressful and intimidating experience. However, it's important to stay calm and follow the instructions of law enforcement officers. In this guide, we will outline some key steps on what to do during a DUI stop to help ensure your safety and protect your rights.
By following these tips, you can minimize the potential consequences of a DUI arrest and navigate the process as smoothly as possible.

A man is giving a thumbs up while driving a car.

Step 1. Pull over safely

When you see the flashing lights of a police car behind you, safely pull over to the side of the road as soon as it is safe to do so.
  • Acknowledge the police officer: When you see the flashing lights behind you, begin to slow down and find a safe place to pull over. It's important to acknowledge the officer by turning on your blinker to signal your intent to stop. This shows the officer that you are aware of their presence and are complying with their request.
  • Find a safe location: Look for a well-lit, wide shoulder or parking lot where you can safely pull over. Avoid stopping on a busy road or in a dangerous location where you or the officer could be at risk of being hit by passing vehicles.
  • Slow down gradually: As you approach your chosen spot to pull over, be sure to slow down gradually and safely. Avoid slamming on your brakes or making sudden movements that could startle the officer or other drivers.
  • Turn off your engine: Once you've come to a complete stop, turn off your engine and place your hands on the steering wheel where the officer can see them. This gesture shows the officer that you are not a threat and are willing to cooperate.
  • Remain calm and compliant: If the officer asks you to step out of the vehicle or perform a sobriety test , it's important to remain calm and comply with their instructions. Remember that the officer is just doing their job and is looking out for the safety of everyone on the road.

Step 2. Stay in your vehicle

One important thing to remember in a DUI stop is to stay in your vehicle unless otherwise instructed by the officer. Getting out of your car without permission can escalate the situation and potentially put yourself and the officer in danger. It’s important to remain calm, keep your hands visible, and wait for the officer to approach your vehicle.
If the officer asks you to step out of your vehicle for field sobriety tests or a breathalyzer test, it’s important to comply. Refusing these tests can result in further legal consequences, including the suspension of your driver’s license. Remember to always be honest and upfront with the officer, as dishonesty can only lead to more trouble.
It’s also important to remember that you have rights in a DUI stop. If you feel that your rights have been violated or that the officer is being unfair, it’s important to remain calm and document the interaction as best as you can. You can always seek legal help if you feel that you have been treated unfairly during the stop.

Step 3. Be polite and cooperative

When the officer approaches your car, be polite and cooperative. Follow their instructions, such as providing your license and registration, and answering any questions they may have. It’s important to be respectful and avoid any confrontational behavior, as this can only make matters worse.

Step 4. Do not admit guilt

Admitting guilt in a DUI stop can be used against you in court. Anything you say to the police officer during the stop can be used as evidence to strengthen the prosecution's case against you. Even if you think you are being honest and cooperative, admitting guilt can be detrimental to your defense.
Additionally, admitting guilt can limit your options for a defense strategy. By confessing to DUI at the scene of the stop, you may unintentionally weaken your chances of negotiating a plea deal or securing a favorable outcome in court. It is always best to remain silent and refrain from making any incriminating statements until you have consulted with a lawyer.

Step 5. Take field sobriety tests

If the officer suspects you of driving under the influence , they may ask you to perform field sobriety tests.
Field sobriety tests are used by law enforcement to help determine if a driver is impaired by alcohol or drugs. These tests typically include tasks such as walking in a straight line, balancing on one foot, and following an object with your eyes. While these tests are not foolproof, they are often used as evidence in DUI cases .
If you are pulled over and asked to take field sobriety tests, it is important to remember that you have the right to refuse to take them. However, refusing to take these tests can have serious consequences. In many states, refusing to take a field sobriety test can result in an automatic suspension of your driver's license, as well as other penalties.
If you believe that you are not impaired and are confident in your ability to pass the tests, it may be in your best interest to cooperate and take the tests. By doing so, you may be able to prove to the officer that you are not impaired and avoid a DUI charge.

Step 6. Submit to a breathalyzer test

Refusing a breathalyzer test can have serious legal consequences. In many states, including California and Florida, there are implied consent laws that require drivers to submit to a chemical test if they are suspected of driving under the influence. If you refuse the test, your driver's license may be suspended, and you could face hefty fines and other penalties.
On the other hand, submitting to the breathalyzer test may provide evidence that could potentially help your case. If your BAC is below the legal limit, you may be able to avoid a DUI charge altogether. Even if your BAC is above the legal limit, cooperating with the test could show that you are willing to take responsibility for your actions.

Step 7. Seek legal representation

If you are arrested for DUI, it is crucial to seek legal representation as soon as possible. A qualified DUI attorney can help you understand your rights, navigate the legal process, and work towards the best possible outcome for your case.
Michael J Englert, Attorney at Law is here to help you navigate the legal process and achieve the best possible outcome for your case. With years of experience in DUI defense, Michael J Englert has the knowledge and expertise needed to effectively represent you in court.
Contact Michael J Englert today to schedule a consultation and begin building a strong defense for your DUI case.

What to do During a DUI Stop

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