It is very common for people to be pulled over for a DUI stop and not know how they should conduct themselves. Getting nervous is common in these situations; it doesn’t take a lot. Know what your rights are and what you should do isn’t something that comes to most of us. You can read more about a DUI stop here.
What To Do If You Are Pulled Over For A DUI Stop
Pull over correctly.
As soon as you see the lights and realized you are being stopped, pull over. Slow down and signal that you are going to the nearest side. This will let the officer know you intend to pull over. Turn off the engine. If it is dark outside, turn on the cabin light. You will want to place both hands on the steering wheel and stay in the car unless the officer asks you to exit the vehicle. These actions will ease any concerns the police officer may have.
Avoid any suspicious actions that suggest you have something to hide, destroy or dispose of. If the officer sees you move, they might think you are placing something out of view or reaching for something. This can be enough cause for the officer to request you step out of the car. Then, they will pat you down and search the area you were moving. You don’t want to give them anything that will lead to probable cause. If they notice you are acting funny, nervous or seem to have something to hide, they will try to find a reason to search the car.
Do not get chatty.
Now is not the time to argue with a police officer. The less you say, the better. Anything that you say during a DUI stop can come back to bite you later. It can also be cause for them to search your car or persons. Do not admit to anything or volunteer information. It is common for an officer to ask how much you’ve had to drink during a DUI stop. Answer that you cannot recall or something to the effect, you do not want to answer to that in court. Answer any questions you can and politely as possible. Save any arguments for the courtroom and be sure your passengers do the same.
You want to follow the instructions that the officer gives you. They are in charge of the situation, and they determine when it is over. You have to stay until they permit you to leave. The better you follow your instructions, the sooner this goes from a DUI stop to a warning.
Be aware of cameras.
Do not act strangely or aggressively. Many police officers wear cameras, and all DUI stop footage is made available during the case. Do not do or say anything that will make you appear under the influence of something. Even if the video doesn’t see everything, it will be in the police report. In some cases, you can use the cameras to your advantage. Showing that you have the mannerisms of someone who is calm and sober will show the court that you weren’t under the influence and were actually quite nice.
Think carefully about whether or not you want to take a blood alcohol content test. Every state has laws that state acquiring a driver’s license means you are consenting. As a result, there may be consequences for refusing a chemical test during a DUI stop. However, if you are intoxicated, it may be in your interest not to take the test.
Refusal of a roadside test.
Some roadside tests are voluntary. You can ask if the test is voluntary and express your refusal to take it. They should give you an honest answer since they are being recorded. And if not, the court will see it. A lot of times, even sober people cannot pass these tests. While they are just a means to support asking for chemical testing, they are also viewed as a way to discern guilt; though they are not.
If you find yourself facing charges from a DUI stop, you need to contact Rory right away! The sooner you have someone working on your case, the stronger your fight will be. Rory will also be able to tell you what you should or shouldn’t say or do. Sometimes things that you say or do while under arrest and while processing can still be used in court to show your condition at the time. Your attorney will be able to tell you what you should say if you come up against a question you don’t want to answer and let you know what those questions are. You can start your research here.