Tips On Being Pulled Over For a DUI
You’ve had a drink or two at a party and you don’t feel drunk, so you decide to drive yourself home. Not a block away from your destination, you see red and blue lights flashing in your rearview mirror. What do you do when you’re pulled over for a DUI investigation? Do you have to submit to a breath test? What are your options?
How to Conduct Yourself With the Police
First, remain calm and no matter how scary the situation is, never ever lie to a police officer. Do not lie about how many drinks you’ve had, what you drank or how long ago you drank it. You have the right to not answer any of those questions.
Tips On Field Sobriety Tests
If you don’t have a previous DUI or if you’re over 21 years old, you are not required by law to blow into the preliminary screening device (PAS) offered during the initial stop. In fact, you actually are not required to take any of the tests proposed at the time of your stop. This includes walking on a straight line, touching your nose with your finger and so forth– you’d do well not to submit to any of these. Reasons for avoiding these tests are quite simple: they’re not always accurate, they’re not always the easiest (even for someone who hasn’t had a drop of alcohol), they’ll feel foreign and awkward to you– you’ll undoubtedly have a bit of performance anxiety– and physical ability tests rely somewhat on an officer’s opinion of how well you’ve completed them. Taking all of this into account, there’s nothing about these tests to suggest that you will get a fair evaluation.
Cooperate With the Arresting Officers
Refusing to take the field sobriety tests pretty much guarantees that you will be arrested. You’ve had a couple of drinks, you smell of alcohol and you were operating a motor vehicle, so it shouldn’t come as a surprise that the officers who stopped you are now going to take you in. It might even be the case that they made up their minds to arrest you at the time that they asked you to take the tests, which you have the right to refuse. Remain calm and cooperative while understanding that this is merely a part of the process.
Take Tests At the Station
If you do not want your license to be automatically suspended, take either the blood test or a breath test once you get to the police station. Understand that the test will be used against you during court proceedings, but these tests are far more reliable than the initial ones offered during the initial stop. If you’ve only had one or two drinks, you have a better chance of avoiding a DUI if the tests show little alcohol in your system.
With all of the testing and booking behind you, it’s now time to call your attorney. If you don’t already have one, be sure to seek an attorney, like myself, who has experience with DUI trials and who has a good track record with helping people like yourself avoid DUI convictions.This entry was posted on Friday, April 28th, 2017 at 5:11 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed.