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Communication With Law Enforcement During a DUI Stop
Communication With Law Enforcement During a DUI Stop
Getting pulled over for a DUI can be scary. Your heart races, your palms sweat, and your mind goes blank. What should you say? What should you not say? Will you go to jail?
This article will walk you through what to expect during a DUI stop, and give tips on how to communicate with the officer in a way that does not incriminate you. We’ll also look at relevant laws and legal precedents regarding DUI stops.
The Traffic Stop
So the flashing lights go on behind you. You pull over to the side of the road. The officer approaches your window. Now what?
First, take a deep breath. Try to stay calm. Being respectful and cooperative goes a long way during any police encounter.
The officer will probably ask for your license, registration and proof of insurance. Hand these over promptly. Give short, direct answers if questioned about where you are coming from, where you are going, etc.
At this point, the officer is looking for signs that you may be under the influence – bloodshot eyes, slurred speech, fumbling, an odor of alcohol. So be aware of your words and movements.
Field Sobriety Tests
If the officer suspects you are impaired, they may ask you to step out of the vehicle to perform some field sobriety tests. These include:
- Walking heel-to-toe in a straight line
- Standing on one leg
- Following a pen or light with your eyes
- Reciting the alphabet
While you can refuse to perform these tests, most states have “implied consent” laws. This means that by driving, you consent to be tested if an officer believes you are under the influence. Refusing tests can lead to automatic license suspension, so think twice before declining.
If you do the tests, listen carefully and follow instructions precisely. Be extra careful with balance and coordination. Nerves could cause anyone to wobble a bit, so focus on control.
Preliminary Breath Test
The officer may also ask you to take a preliminary breath test (PBT) at roadside. This handheld device estimates the alcohol level in your breath. The results can be used as probable cause for arrest, but are normally not admissible in court.
You have the right to refuse a PBT, but again, implied consent laws mean there may be consequences like license suspension. If you took the test and failed, the officer now has cause to make an arrest.
The Arrest
If the officer feels there is enough evidence of intoxication, they will ask you to put your hands behind your back and place you under arrest. This is when things get real.
Do not resist arrest, even if you believe it is unjustified. Simply state that you do not consent to any searches. Then remain silent and cooperate until you can speak with a lawyer.
At the Station
At the police station, you will be read your rights, photographed, fingerprinted and asked for a formal breath or blood sample. The results of these chemical tests can be used as evidence against you.
You have the right to speak with an attorney before submitting to any formal breath or blood test. Most lawyers recommend politely declining until you can consult legal counsel, even though refusal brings penalties.
While in custody, say nothing about the incident to any officers. Anything you say can be used against you. Simply state you wish to remain silent until your lawyer arrives.
Legal Precedents
There are a few important legal precedents regarding DUI investigations and tests that drivers should be aware of.
Schmerber v. California
This 1966 Supreme Court case ruled that a warrantless blood test on a suspected drunk driver was constitutional. However, drivers still have the right to refuse consent to such a test, even though there may be penalties for refusing.
Delaware v. Prouse
This 1979 case determined police need reasonable suspicion to stop a vehicle and detain the driver. They cannot randomly stop vehicles without cause, as this would violate the Fourth Amendment.
Pennsylvania v. Bruder
A 1998 case that confirmed officers need probable cause before asking a driver to perform field sobriety tests. Drivers are not legally required to perform the tests during a traffic stop.
Potential Defenses
If charged with a DUI, possible defenses to explore with your lawyer include:
- Illegal traffic stop
- No probable cause for arrest
- Invalid or inaccurate breath/blood test
- Medical conditions that mimic intoxication
An experienced DUI lawyer can evaluate the details of your case to craft the strongest defense strategy.
Takeaways
Being arrested for DUI is scary. But knowing your rights and understanding the law can help you navigate the process with clarity. Here are some key takeaways:
- Be respectful, but say as little as possible during a DUI stop.
- You have the right to refuse field sobriety and breath tests, but penalties may apply.
- Remain silent once arrested until you can speak with a lawyer.
- Legal defenses are available with the help of a DUI attorney.
With smart communication and legal counsel, it is possible to move forward and put a DUI charge behind you.
References
[1] Communication With Law Enforcement During a DUI Stop
[2] Indianapolis DUI Stop: Don’t Talk To Police
[3] Should I cooperate with police if they try to arrest me for a DUI?
[4] Be wary of police officer questioning in a Maryland DUI stop