What Should I Do If I Am Pulled Over For A DUI?
Are you wondering what should I do if I am pulled over for a DUI? This post will answer all of your questions and more! Read on to learn everything you should know about dealing with a DWI traffic stop.
Getting Pulled Over For DWI Is Scary
It’s a scary feeling when you get pulled over for DUI. You are faced with the sobering reality that you could be arrested. But before you panic, take a deep breath and remember this is not the time to make any hasty decisions—or statements.
There is often a misconception that it’s possible to simply beat a DUI by arguing your case with the arresting officer. However, defending yourself in court against DUI allegations requires much more than just talking or pleading your case with the person who pulled you over. You need evidence and expert assistance showing that your driving was not affected by alcohol. Unfortunately, what most people don’t realize is that simply arguing your case with the officer who pulled you over isn’t enough to provide this evidence.
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Learn More About The Circumstances Surrounding Your DWI
When it comes to DUI defense, one of the first steps is challenging whether or not you were lawfully arrested in the first place. Some officers are more lenient than others when it comes to DUI stops, but in order to legally stop you in the first place, an officer generally must have had at least reasonable suspicion you were violating some law.
Reasonable suspicion can come from many places. Perhaps most commonly (especially for DUIs) is the simple act of making an illegal turn or committing a moving violation like crossing a double line. Officers can also use their discretion to pull you over if they smell alcohol on your breath or if you admit to drinking.
Before we dive into what you should do if you get pulled over for a DUI, let’s first understand what a DUI is.
What is a DUI?
A DUI, or Driving Under the Influence, is a criminal offense that refers to when a person operates a vehicle while impaired by alcohol or drugs. You might think, “What should I do if I am pulled over for a DUI?” The best thing to remember is that it can be difficult to know what to say or do in this situation, but here are some tips that may help the next time you find yourself in this situation.
DUI Laws Vary By State
Different states have different DUI laws. In the state of Virginia, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of alcohol. The state of Mississippi has completely done away with the concept of a penalty for drinking and driving. There are no minimum penalties or maximum penalties in this state. The state of Alabama has a “look back” period of 10 years. This means that if a person is convicted of a DUI and then is caught driving while intoxicated within ten years, he or she will be charged with a felony.
What happens if I am pulled over for a DUI?
If an officer suspects you are driving intoxicated, you will be asked to pull your vehicle over. You will be asked to perform field sobriety tests, which are tasks designed to determine whether or not a person’s physical and mental faculties are impaired by drugs or alcohol. If the officer believes you are intoxicated, you will likely be arrested and taken to a police station for further testing and questioning. It may come as a surprise, but you actually have a few options here, which we’ll go through shortly.
Below are a few tips on what to do if you’re pulled over for a DUI:.
Tips For What To Do If Pulled Over For DWI
Safely Pull Over
The best way to handle a traffic stop is to be sure to use your signal to let the officer know that you’re going to pull over, safely pull over and turn off your vehicle. Be sure to place your car in park, keep your hands on the wheel, and wait for the officer’s instructions.
Be polite
Even if you are nervous or scared, it is important to be polite and respectful when you are pulled over for a DUI. Remember that the police officer is just doing their job, and they are not trying to make your life more difficult. You should always address the officer by their title (e.g., “Officer Smith”) and wait for them to tell you what to do. You should never interrupt the officer and should only speak when they ask you a question.
Stay Calm
The most important thing to remember is to stay calm. Panicking will only make the situation worse. Remember that you have the right to remain silent and that you don’t have to answer any questions until you have spoken to an attorney.
Don’t Admit To Drinking
The officer will ask you the question, “have you been drinking?” It’s best not to answer this question. This question is very subjective and incriminating. Any questions that are incriminating, you do not have to answer. You can simply tell the officer you would like to speak with an attorney if he asks you questions about your drinking. You are not required to answer any questions.
Follow the officer’s instructions
When you are pulled over, the police officer will likely ask you to step out of your car. You should comply with their instructions and follow their lead. Remember, it is important to stay calm and be respectful. An officer will ask you some of the following questions:
- Ask you to step out of the vehicle
- They will also likely ask for your license, registration, and proof of insurance. Make sure that you have these items on hand before they ask for them.
- You may also be asked to take a field sobriety test or breathalyzer test.
Do not admit guilt
One of the biggest mistakes people make when they are pulled over for a DUI is admitting guilt. This can be used against you in court, so it is important to keep quiet until you have talked to an attorney.
Do Not Take Any Field Sobriety Tests
The police can not force you to take any field sobriety tests. These tests are often inaccurate and can be used to incriminate you. You have the right to refuse these tests.
What are Field Sobriety Tests?
A Field Sobriety Test is a type of sobriety test that is used by law enforcement to determine whether someone might be driving under the influence. The law enforcement officer may ask you to do things like standing on one foot, walking in a straight line, or reciting the alphabet. If you can’t complete any of these tasks, it’s likely that the officer will take your driver’s license away and arrest you for driving under the influence.
Do Not Take Any Chemical Tests
Regardless of this test, you are most likely getting arrested, and the only thing that this will do is incriminate you. The police may use the results of this test to help build a case against you, so it is in your best interest to refuse any and all chemical tests. An example of these tests is a breathalyzer test.
The breathalyzer test or breathalyzer is an instrument that analyses a gas sample to determine the alcoholic content in their blood.
A person’s BAC (blood alcohol concentration) at any given time is affected by two things: the amount of alcohol they drank and how long it has been since they last had a drink. For example, someone who drank wine on an empty stomach four hours ago will have lower BAC than someone who’s recently had several drinks on a full stomach. The higher someone’s blood alcohol level—and the longer it takes for them to pass out—the more severe their symptoms are likely to be if they are involved in a car accident, even with small amounts of alcohol consumed.
What are the penalties for refusing a breathalyzer test?
Refusal to submit to testing can lead to license suspension or revocation within ten days of the arrest. Further penalties may be imposed by the court for refusing to test, even if not operating with any alcohol in their system. This will depend on the state you reside in. But refusing to take a chemical test will lead to less evidence against you, which is worth it in the long run.
Speak To An Attorney Before Answering Any Questions
If you are pulled over for a DUI, it is important to remember that you have the right to remain silent. You should speak to an attorney before answering any questions the police might ask you. Anything you say could be used against you in court, so it is best to say as little as possible.
Do Not Consent To A Search Of Your Vehicle
The police may ask if they can search your vehicle. You should not consent to a search of your vehicle, as you could potentially be giving the police permission to find evidence against you. If the police do search your vehicle with your consent, anything they find could be used against you in court.
What are my rights if I am pulled over for a DUI?
You have the right to remain silent. You also have the right to an attorney. The best thing to do is to remain calm and cooperate with the police, asking if you can speak with an attorney. Asking questions of the police is not incriminating yourself. You have the right to refuse any field sobriety tests or chemical tests, such as a breathalyzer. However, if you decline a test, your driver’s license may be revoked.
Do Not Answer Any Questions When In The Officers Patrol Car
Once you are placed in the police car, it is important to remember that anything you say can be used against you. Before answering any questions, always ask if you are free to leave. If the officer says no, then do not answer their questions. You can also refuse to take a breathalyzer or other sobriety tests. If you do, the officer may arrest you.
What shouldn’t you do if you get pulled over for a DUI?
Do Not Resist
The first and most important thing to do is to not resist. Resisting can keep you from getting hurt and also keep the officer from having a reason for using more force. Some people think that if they cooperate fully, they will be able to persuade the officer against arresting them. This is not true, so don’t try it!
Resisting arrest can lead to criminal charges, including obstruction of justice and assaulting a police officer. It can also lead to civil charges, such as wrongful arrest or imprisonment.
Don’t Be Confrontational
No matter how bad you may feel, it’s NEVER okay to tell the officer they’re doing their job poorly. This will only make them more suspicious and could result in a longer detainment. It’s also best not to argue with the officer, even if you believe you’ve been wrongfully accused. Arguing may only result in taunts or slurs, which would put you at risk for more abuse.
Your Rights
The Constitution gives everyone many rights against the police, but nows is not the time to use them. You can’t fight your case in jail! So keep quiet and ask to speak with a lawyer. Don’t answer any questions or sign any documents, except to give your name.
What Are The Consequences Of A DUI?
When you are convicted of a DUI, there are a number of consequences that you will have to face. The most immediate consequence is that you will lose your driver’s license. This will impact your ability to get to work, take care of your family, and run errands. You may also have to go to jail, depending on the severity of your offense. You will also have to pay a fine and may be required to attend alcohol education classes.
If you are convicted of a DUI while driving with a passenger under the age of 16 years old, your license will be suspended for an additional two years. If you are also operating the vehicle without insurance at the time you are pulled over, your license will be suspended for an additional year after it is reinstated. You will also have to pay a higher fine and may be required to attend more classes.
The consequences of a DUI don’t just impact you; they also impact your loved ones. If you are convicted of a DUI, your loved ones may have to help you get to work or run errands, and they may also have to take care of your children while you are behind bars. This can put a serious strain on your relationships and may even lead to divorce or separation.
If you are convicted of a DUI, the judge has discretion on how long your license will be suspended as well as how high your fine will be, so the specific consequences that you face will vary depending on where you live and the circumstances of your offense. However, for first-time offenses, the consequences are typically harsh and will definitely impact you, your family, and any future job prospects.
DUI: A Dangerous Activity
Driving under the influence is a dangerous activity that can lead to serious consequences. If this happens to you in your personal vehicle or if someone who is intoxicated comes into contact with your company’s vehicles, it could have detrimental effects on how people view both yourself and your business. It’s imperative for anyone who drives either their own car or works at an organization where they are responsible for maintaining fleet vehicles to be aware of what steps need to be taken after being pulled over for drunk driving.
The first thing that should happen after getting pulled over by law enforcement officials is not drinking any more alcohol before taking any sobriety tests! Once sober again, then take these actions: 1) call a DUI lawyer, 2) be cooperative with law enforcement officials 3) remember that anything you say can and will be used against you in a court of law.
Conclusion: What Should I Do If I Am Pulled Over For A DUI
Hopefully, these tips will never have to be put into use, but it’s important to be as prepared as possible in case an unfortunate situation does arise. Driving under the influence is a serious matter that should not be taken lightly – remember that the safety of yourself and others is always at stake.
If you’ve received a DUI in Louisiana, Barkemeyer Law Firm should be the first law firm you contact. Their DWI attorneys are capable of helping you with your charges and giving you the best outcome for your case. You can learn more about the firm here before you call them or contact them today. Barkemeyer Law Firm is here to help and has the best DUI lawyers in the state!
You should now have the answer to your question what should I do if I am pulled over for a DUI and we wish you all the best!
