What Should You Do If Pulled Over for DUI? Quick guide!
1. Pull over to a safe location immediately. Have your license, registration, and proof of insurance ready or easily accessible.
2. Officer may ask you whether you had anything to drink. You have a right to remain silent! Politely tell the officer that you do not wish to answer any questions
(Do not lie! Telling the officer you only had ONE beer will not help you! It will be used as an admission to drinking alcohol. Additionally, the prosecutor may tell the jury that you lied to the officer, if it turns out that you drank more.)
3. Officer may ask you to perform field sobriety tests. These are 100% voluntary! You have a right to refuse! Remember this is not a pass/FAIL type of test. The officer will be writing notes on how you perform the tests. These notes will be later used against you in court. Do not submit to these tests.
4. Officer may give you a preliminary breath test. The results will be used against you. Again, this is also a voluntary test. The preliminary breath machines are often unreliable. You have a right to refuse!
5. The officer will arrest you. You will than have to submit to a blood or chemical test. If you refuse to submit to one of these tests there will be an automatic 1 year suspension of you license.
6. Officer may choose whether to take you to Jail, Detox, or a Hospital.
7. Once you are out of jail, call a criminal defense attorney immediately!
FAQ: If I do not answer any questions, do not perform breath test, do not perform the field sobriety tests…won’t I get arrested?
Answer: Maybe. Police officer needs to have probable cause to believe that you operated the vehicle under the influence in order to arrest you. If you do not perform the tests, you are not breaking any law. The officer may let you go or arrest you relying on limited and weak evidence. BUT if you choose to perform the tests, then you are just building the criminal case against yourself by providing more evidence.
Delicino & Vialtsin, LLP answer general legal questions emailed to us on this blog. Feel free to send us YOUR question by email. Please do not email us confidential or time sensitive information, but call 619-357-6677 The answer suggested here is for general information ONLY and not to be construed as a legal advice. Further, the Q & A does not establish an attorney-client relationship with Delicino & Vialtsin, LLP. Anton Vialtsin Google+