When stopped by an officer while driving after consuming alcohol you should be respectful to the officer and identify yourself by providing your driver’s license, proof of registration, and car insurance.
If you have any difficulty understanding the English language, especially complicated English such as legal terms, request for an interpreter in your first language as soon as possible. The officer will provide an interpreter by phone if requested. You should not attempt to understand the officer’s instructions if there is any language barrier. This is not the time or environment for you to be shy or embarrassed about not understanding English fluently.
The officer will eventually ask you questions related to alcohol. I would recommend declining to answer any questions related to alcohol. The officer will likely order you out of your vehicle so he or she can conduct a DUI investigation. The officer will ask you to perform field sobriety tests and/or to submit to a DUI portable breath test. You should not take any field sobriety test and/or portable breath test, they are voluntary, meaning there is no requirement by law for you to perform either test. If you decline to take any of the tests the officer will make a decision to either release or arrest based on the officer’s observations up to that point. The primary reason I advise people to decline taking the field sobriety tests is the fact that the tests are physically difficult and they become even more difficult when you are accompanied by un-ideal circumstances such as; uneven roadways, lack of adequate light, other vehicles driving by, and loud traffic noises making it difficult to hear and concentrate. The tests are difficult, respectfully decline taking them.
After an arrest for DUI, a person will be taken to the police station. There they will be presented with at least two forms, the Constitutional Rights Form and the Implied Consent Warning form. These two forms are very important because they explain your rights and consequences of exercising your rights. If you have any questions about the forms, do not hesitate to ask the officer to clarify the information so you will have a full understanding.
The Constitutional Rights form will advise a person of their right to have an attorney. I recommend you always ask for an attorney whenever confronted with a criminal investigation. It does not matter if you do not know a criminal defense attorney to call. The officer will contact a defense attorney by phone at no cost to you. You will be provided a private room to talk to the attorney and ask questions. Again, if you have any difficulty understanding English you should request to have an interpreter made available to you.
The request to submit to a breath test at the police station is very different and separate from the request to submit to a portable breath test out on the field. The DUI portable breath test is voluntary and there is no negative consequence from declining to take it. However, if a person declines to take the breath test at the police station it will likely result in a revocation of your driver’s license for at least one year. The decision to take the breath test at the station is dependent upon many factors, consult your DUI defense lawyer for their recommendation. I Generally recommend, if it is a person’s first DUI arrest and the person did not consume a lot of alcohol then they should take the breath test. However, if a person has prior DUI arrests and/or consumed a lot of alcohol then they should not take the station breath test.
In short:
- Be respectful to law enforment.
- Ask law enforcement for an interpreter if there is any language barrier.
- Do not take the field sobriety tests or the portable breath tests, they are voluntary.
- If you have questions about legal forms, always ask the officer to clarify until you have a full understanding.
- Request to speak to a criminal defense lawyer.
- Ask your defense attorney for their recommendations.
If you don’t have a DUI criminal defense attorney’s number programmed into your cell phone, you should do so now, David O 206-459-6392, you never know when you might need it! I am here to help.
I agree that it is important to get an attorney as soon as you are accused of anything like this. It is also good to not say anything after you have been accused. After all, anything you say and do can be used against you!
It’s good to know what to expect when you’re stopped for a DUI by a police officer. I can imagine that it must be very important to know about the Constitutional Rights form and the Implied Consent Warning forms if you’re taken to the police station. I agree, it seems important to sign both of these forms if you’re taken in my the police. It’s also good advice to contact a lawyer as soon as possible to represent you in court to handle your DUI case. Having a good lawyer can help to protect your rights and they can help to mitigate your punishment the best that they can.
This is a great post. It’s Very informative and well writing.
http://www.criminaldefenseattorneyreno.com/
Thanks for the information. I was recently stopped by an officer after driving under the influence. I wish I had followed your tips about not taking the tests. That probably would’ve helped me out quite a bit. Now I need to hire an attorney to help me out.
Hello Mia,
If you were stopped in Washington State, I am a DUI defense attorney and would be happy to talk over the phone and schedule a free consultation, 206-459-6392. If you were stopped and charged with a DUI in another State, I am unable to help but would recommend meeting with a few attorneys that practice DUI defense law and choose the one you feel the most comfortable with. Reading attorney reviews is also helpful when deciding who to hire.
Attorney David O
I like your point about speaking English. I think that many people who don’t speak English may not know to ask for a translator, and may feel embarrassed that they don’t know the language well. However, as you said, when you are being stopped for a DUI is not the time to feel embarrassed. You certainly do not want to incriminate yourself because you don’t understand instructions.
For starters, you shouldn’t drive after you have been drinking. Then again, when most people have been drinking, they don’t always make the best decisions. If it were to happen to me, even though it wouldn’t, I would make sure to get the help of an attorney. That way, I can be sure that I would be treated fairly in court.
I never knew that the sobriety tests were voluntary. I guess I never put too much thought into it, makes sense that it’s not required by law. But still, it seems like if you can pass the walking test you may be able to avoid all of the paperwork.
I had no idea that sobriety tests were not mandatory when you have been pulled over. It seems to be an interesting decision to opt out of taking a sobriety test but could greatly benefit your safety. It seems very dangerous to walk out on an open road way late at night. It may be a good decision to communicate your reasons for why you refuse to the police officer you are speaking with.
Wow, I never knew that a portable breath test was voluntary. My sister has had to do a few of those within her life time, I’ll have to ask her about her experience. I wonder how many times a day people are stopped for DUIs, maybe I can ask the next officer I see.
Being respectful to law enforcement seems to be really important when you are getting pulled over for a DUI. I would imagine that it would be really important to talk to a lawyer as well in order to get the best result from your case. Knowing someone beforehand would probably be a good idea and help you from having to scramble when the moment occurs as well.