Top 5 Things You Should Know if You Are Pulled Over for DUI

Okay, so you have been pulled over by a police officer. The officer has already asked for your license and registration, which you are required to provide, and begins to inquire about your recent alcohol consumption. Asking how many drinks you had tonight, the officer suspects that you might be intoxicated. What do you do? 1. Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had. You do not have to answer the interrogating questions. If you are afraid that you might slur your words or fear your nervousness will cause your speech to stumble, you have the right to remain completely silent or cite your right to refrain from speaking. If you do not say anything, the officer can't testify later in court that you were slurring when he pulled you over. Your refusal to speak cannot be held against you. On the other hand, cooperating with law enforcement carries its own benefits, which may be advantageous in your subsequent legal case. It is up to you to weigh the risks and benefits of surrendering information to the police at the time of your DUI stop or arrest. It is always wise to refrain from voluntarily incriminating yourself when speaking with law enforcement. 2. Do NOT get out of your car unless the officer asks you to do so. First of all, police officers tend to get very defensive if you jump out of the car when they pull you over. The officer doesn't know if you are armed or what your intentions are when you suddenly flee your vehicle, therefore it is not wise to give them the wrong idea. If the officer orders you to get out of the car and asks you to perform any number of field sobriety tests, you are not required to complete any of these tests. 3. You are not required to take a Field sobriety tests. NOTE: Field sobriety tests are NOT the same as chemical testing, which is discussed below. Field sobriety tests check for coordination and balance, which involve acts people don't normally perform sober or drunk, and can set you up for failure. In most states, you are not required by law to complete these tests and refusal to comply cannot be held against you. While these strange exercises are called “tests” to give them the feel of authority, they are merely subjective assessments performed to give the police officer more “proof” that you are under the influence. No matter how well you perform the “tests” the subjective results can be manipulated and used against you in a court of law. Why incriminate yourself through ridiculous roadside stunts? 4. To blow or not to blow? Be informed about chemical testing. There is a lot of conflicting information about whether you must submit to the breathalyzer and other chemical testing of your blood, breath, and/or urine. Some people will tell you never to “blow” or submit to a breathalyzer test. This may or may not always be in your best interests. Others will tell you that Implied Consent laws require your submission to these tests. Deciding whether to submit to chemical testing is a personal decision, which must be made using your best judgment and knowledge of the repercussions of both submitting and refusing. Contacting a qualified criminal defense attorney about the particulars of your situation can be the very best way to obtain the legal advice that will help preserve your best interests. There are three ways that law enforcement measures a person’s blood alcohol concentration (BAC): testing of the breath, blood, or urine. The breathalyzer is a device used by the police to determine your blood alcohol content. It is the easiest BAC test to administer roadside, and is the one most frequently used during a DUI stop or accident. The accuracy of these tests can sometimes be questionable. They do not always provide correct information about one's level of intoxication. Blood and urine tests are not used as frequently, though some say these are more accurate measures of your BAC. If you are given the choice, or are able to request the method of chemical testing used, you may wish to consider the blood or urine tests if you feel the most accurate test will best preserve your legal interests (i.e. you have not had very much to drink). 5. Be informed about Implied Consent Laws All 50 states have Implied Consent Laws. The government has decided that when you obtain a driver's license, this privilege comes with certain implicit obligations. By obtaining a license, you (unknowingly) have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. If you refuse to comply with chemical testing, such as the Breathalyzer, you will receive automatic vehicle sanctions. Usually your license will be automatically suspended (for a few months to over a year, depending on your state) for failure to comply with chemical testing. One drawback to this administrative sanction is that you may have less of a chance of obtaining modified driving privileges, which might allow you to drive to work or school. When deciding whether to submit to chemical testing, it is wise to consider these automatic administrative repercussions.Currently all states automatically suspend a person’s license for refusing to submit to chemical testing, the consequences may be harsher for repeat refusals. Some states have enacted harsher penalties—including points on your license, revoked registration, and even jail time—for refusing to submit to chemical testing. In some cases, however, it may be in your best interest to refuse DUI breath tests and other chemical testing to avoid harsher penalties or inaccurate results. You may wish to speak with a qualified criminal defense attorney in your area about your state’s laws and the best way to approach chemical testing. While you must submit to chemical testing to avoid automatic administrative sanctions, these tests are fallible and do not necessarily mean you will be convicted of a DUI. If you are charged with a drunk driving offense, it is vital that you speak with a qualified and experienced attorney as soon as possible. In some cases, a DUI attorney can have the record of your chemical testing suppressed so that it is not even presented as evidence in your case. Your DUI attorney may be able to show that your chemical test was not accurate and have the results deemed inadmissible in your case. In any case, it is wise to have a competent and experienced DUI attorney on your side. To learn more about drunk driving and DUI laws in your area, please contact a qualified DUI attorney near you.

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