Steps to Take If Pulled over for a DUI

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 What Is a DUI?

Driving under the influence is known as DUI. There are several long-term consequences associated with this serious criminal offense.

DUI offenses are usually misdemeanors, but the offender will likely face felony charges if a crash occurs. Driving under the influence of alcohol results in felony DUIs when the driver flees accident scenes or causes serious injury or death.

What Legal Issues Can I Face for Drunk Driving?

Drunk driving is a serious offense that can have major consequences. Depending on the laws of your state, a person is generally considered to be legally intoxicated if they have a blood alcohol content (BAC) of 0.08% or 0.10%.

Suppose a person chooses to operate a motor vehicle after drinking alcohol or taking drugs that impair their senses. In that case, it can result in facing many legal ramifications, such as getting ticketed, criminally fined, arrested, and charged for driving while intoxicated (DWI), or the more commonly known term, driving under the influence (DUI).

DUI offenders usually receive a misdemeanor for their first offense, but if they have caused property damage or injury to another person, they can still be charged with a felony. It is also possible to face felony charges if it is not the first time a person has been charged with drunk driving.

While most states will charge a drunk driver with a DUI, each state has its own criteria for what constitutes a drunk driving offense and the types of charges that may be applied.

Last but not least, drunk driving is more than just a traffic violation; it is a crime. A drunk driving conviction will appear on your criminal record if you are convicted.

How Is Intoxication Determined?

When police officers suspect a person is driving drunk, they have probable cause to pull them over. When they see someone speeding or swerving all over the road, or when they see alcohol or drug paraphernalia in the vehicle (e.g., certain types of pipes), they may pull them over.

After a person gets pulled over, a police officer will likely request that they step out of the vehicle and ask them to take one of the following tests to determine whether they are sober:

  • Breathalyzer: This handheld device measures the concentration of alcohol in a person’s system by having them blow into it. It can be administered at the scene where the car was pulled over or at a police station.
  • Blood or Urine Testing: This test is a bit more complicated as it requires a medical professional to test and produce lab results. Additionally, the police will need to obtain a warrant first. Thus, this test is not normally administered at the scene.
  • Field Sobriety Tests: These are commonly given at the scene and include a variety of different activities that are designed to test a person’s balance and agility, such as touching a finger to your nose, reciting the alphabet, or standing on one foot while counting.

A person failing these tests may be ticketed and arrested for drunk driving. If a person refuses to take any of the tests that can be administered at the scene, a police officer may still arrest them if he suspects that he has been drinking.

The smell of alcohol on someone’s breath, or open containers in a car (even if they are empty), can be used as evidence by a police officer to arrest them for drunk driving.

If You Are Stopped on Suspicion of DUI, Here Are Some Steps to Follow

If you are arrested for DUI and pulled over by police, DUI attorneys advise you to take the following steps:

  1. Find a safe place to pull over: When you pull over, the officer observes you, and if you are arrested for DUI, the officer’s notes will be part of your file. Someone who is stopped on suspicion of DUI is not doing themself any favors by driving erratically, pulling over at an unsafe location, or slowing down too quickly.
  2. Be careful not to make sudden movements: Officers will be cautious, alert, and seek to protect themselves. In order to have a clear view of your car, they will approach from behind. After being pulled over, drivers should keep their hands on the steering wheel and refrain from sudden or hasty movements. The general rule is more true in DUI cases, where it is likely late at night and officer safety is an issue.
  3. Behave politely: If you treat the arresting officer with respect and politeness, you may not ultimately be arrested. DUIs are a long, complicated process and are also subject to a lot of discretion on behalf of the officer who is essentially investigating you on their suspicions of drunk driving. By not acting rudely or hostilely, someone pulled over for DUI may be doing themselves – and the officer – a big favor by avoiding the need to arrest them formally. Moreover, never resist instructions from the police, but be aware that field sobriety tests are often voluntary, so a driver may simply (but politely) decline.
  4. Answering incriminating questions is not a good idea: You only need to identify yourself to the officer and show that the car is legally allowed to be on the road. If you hand over your licenses, registration, and proof of insurance, you don’t need to communicate with the officers anymore. As a result, do not answer any questions from police that may lead to your incrimination. Telling the truth is just as important as not lying. In stressful situations, police know that drivers are likely to incriminate themselves.
    • This means that they may ask whether you have been drinking and, if so, how much. You can refuse such questions. The best response is something like, “Due respect, officer, but I do not wish and am not required to answer any questions. Am I free to go?” If you choose to answer any questions, answer them honestly because lies may be used against you in court.
  5. Refuse field sobriety tests and breathalyzer tests: Field sobriety tests are not generally required by law. A police officer can use these tests to compile evidence against you using very powerful yet subjective tools. In some states, refusing a roadside breathalyzer may result in a temporary suspension of your license. However, if you are, in fact, intoxicated, that point is irrelevant, and a DUI conviction will carry weightier penalties. If you are arrested for a DUI, you should politely inform the officer that you are willing to take a chemical test at the police station.
  6. Take notes: It will be easier to formulate a defense if you write down everything you remember. Describe what you were doing before you drove and what you did up until being pulled over, arrested, and submitting to any tests.

Do I Need to Consult a Lawyer?

As useful as the steps above are in dealing with interactions with the police, the plain and simple truth is that you could still be arrested for DUI. A DUI attorney is your best bet for avoiding criminal liability. A local DUI/DWI lawyer can explain your rights and help you formulate a defense. Use LegalMatch to contact an attorney near you today.

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