What You Do ~ When Stopped for DUI

when stopped for DUIHave you ever been pulled over by law enforcement or been questioned by a police officer?  For some of us, it can be very intimidating and gut wrenching, we may forget the simplest things and our thoughts may become jumbled.  And just imagine being pulled over knowing you may have consumed some alcohol before getting behind the wheel, talk about stressful!  Here is what you do when stopped for DUI… and I’m going to keep it simple and straight forward so you can remember.

  1. Respect
  2. Ask
  3. No Talking
  4. No DUI Tests

Four things to remember; 1. Respect, 2. Ask, 3. No Talking, and 4. No DUI Tests.  Not too difficult to remember and if you follow these tips you will have a much better chance resolving your DUI case favorably or getting your DUI charge dismissed.

Let’s expand on what you do when stopped for DUI

  1. Respect – Show respect to the law enforcement officer.  Being respectful and polite will make the investigation go much quicker and smoother.  On the flip side, if you are disrespectful and uncooperative to the officer, the situation will only get worse and you may even rack up additional criminal charges such as; obstruction of justice.  Be respectful.
  2. Ask – Immediately ask the law enforcement officer to call your DUI attorney, it is your legal right.  If you do not have a DUI attorney, ask the officer to call a public defender.  Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.  Also, if English is not your first language and you are having difficulty understanding what the law enforcement officer is saying, ask for an interpreter.  To recap, immediately ask for a DUI attorney and ask for an interpreter if needed.
  3. No Talking – Do not try to talk your way out of the DUI investigation, it never works!  In fact, talking most often leads to self-incrimination.  For example if the officer asks if you had anything to drink that evening, most will often answer with saying they had something; one drink, two beers, one glass of wine, etc. and now they have admitted to the officer they did drink before driving, this does not help a DUI case.  If that person respectfully declined to answer that question than they would be in a much better situation for their DUI case because they never admitted to drinking alcohol.  Keep talking to the very minimum, only state your name, ask for your attorney and interpreter, and respectfully decline all other questions.  It is your legal right to remain silent, you will not get in trouble for not answering the officer’s questions.
  4. No DUI Tests – Do not take the DUI field sobriety tests or blow into the portable breathalyzer.  Both of these tests are voluntary, and you should respectfully decline taking these tests.  The DUI field sobriety tests are very difficult and a completely sober person would have trouble passing these tests.  Any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.  Blowing into the portable breathalyzer can be incriminating evidence used against you.  Don’t take the DUI tests.

When stopped for DUI and your starting to feel anxious, just remember; Respect, Ask, No Talking, & No DUI Tests.  Give me a call if you need a reputable DUI attorney, David O, 206-459-6392.