What to Do If You’re Pulled Over and Arrested for DUI

Here is a simple guide on what to do in case you are pulled over and arrested for driving under influence (DUI/ DWI).

  1. Find a safe place to pull over.

It’s good to make sure that you pull over at a safe place because the police officer will be making observations from the moment he/ she instructs you to stop. The officer will be filing a police report that can determine the outcome of your criminal trial and DMV hearing. In the report the officer first observes how you pull over. Avoid driving recklessly -or slowing down too abruptly – – and pulling over in an unsafe place. As these actions may go down the police report.

  1. Don’t make any sudden movements.

Avoid making any sudden movements, keep your hands on the wheel at 10 and 2 o’clock angel. Police officers have been trained to be alert and cautious at all times. Their first instinct is to protect themselves from any suspected danger and that’s why he/she will approach the car from behind so that they able to have a clear view. In case the driver has any intentions of shooting or attacking them, the officer is in a better position to defend themselves.

  1. Be polite.

Politeness will reduce your chances of being arrested. Rudeness and hostility will make the officer more determined to have you convicted and may even write an incriminating police report. Follow all the instructions the officer tells you, so that you are not charged with resisting arrest.

  1. Don’t answer any potentially incriminating questions, and don’t lie.

Be calm and don’t lie. If you are lying and the officer can clearly determine that you are lying, then this can be used against you in court. It’s important to note that you have to give the officer your name, license and registration to the officer. Avoid answering questions that will incriminate you, questions like (have you been drinking? Etc.) politely tell the officer that you have been advised not to answer such questions. If you have to answer a question, do it truthfully.

  1. Refuse a field sobriety test.

Legally you are not obliged to undergo any field sobriety test. So if an officer asks you to take the test, politely decline. These tests are the best tools for an officer to collect more incriminating information against you. The field sobriety tests have reliable indicators of intoxication. Another reason is that they are very subjective, it’s often up to the officer to determine whether you have passed or not.

  1. Refuse a hand-held breathalyzer.

Politely decline being subjected to a test using roadside breathalyzers (also known as Preliminary Alcohol Screening tests or PASs). This is because they are notoriously unreliable, and there are countless ways to skew their results.  However, if you refuse a Breathalyzer test, you will most likely face serious consequences. For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

  1. Take a chemical test at the police station.

Legally you are obliged by law to undergo a chemical test at the police station, it can be a blood test or breathe test. Well many DUI lawyers advise people to opt for the breath tests because they more unreliable so their validity can be disputed in court.

  1. Once you’ve been released, write down everything that you can remember about the night.

It’s important that you write down everything that you remember about that particular day or night. This information will be useful when your attorney will be fighting your case. Make sure you write down things like:

—what you were doing and where you were doing before you drove

—how much you had to drink

—how long after you were arrested

—how the officer behaved, any instructions he gave you

—what you said to the officer

—where you were pulled over

—when and if you were read your Miranda rights

—when you took the chemical test and how long it had been since you drank

Don’t miss out anything and don’t rule out any information as relevant, just write it down.

  1. Contact an attorney.

You are entitled to an attorney, therefore pick an attorney who is experienced in DUI laws and who is qualified.