What Happens if I am Pulled Over on Suspicion of DUI?

Getting pulled over for a suspected DUI can be an anxious and uncertain experience. Here's a look at the typical process and procedures police follow during a traffic stop for suspected drunk driving.

The Initial Traffic Stop

If an officer suspects you are driving under the influence (DUI), they will likely:

• Turn on their lights and siren to pull you over
• Approach your car and request your license, registration and proof of insurance
• Ask if you've been drinking and where you are coming from or going
• Look for signs of impairment like slurred speech, bloodshot eyes, odor of alcohol

Be polite and cooperate fully, but don't admit to drinking or discuss details of where you've been. That comes later.

Field Sobriety Tests

If the officer suspects intoxication, they will likely ask you to step out of the car to perform field sobriety tests including:

• Horizontal gaze nystagmus - Following a pen or light with your eyes
• Walk and turn - Walking heel to toe in a straight line
• One leg stand - Standing on one leg while counting out loud
• Reciting the alphabet or counting backwards

Politely decline to answer any questions, but cooperate with standardized field sobriety tests if requested. Be aware these can be challenging for even sober drivers.

Preliminary Breath Test

The officer may request you take a preliminary breath test (PBT) at roadside. This handheld device estimates the blood alcohol concentration. The PBT can provide probable cause for arrest, but the results aren't admissible in court in some states. If asked, politely refuse the PBT without explanation.

Arrest and Transport

If the officer feels there is probable cause of DUI based on driving, appearance, field tests and PBT, you will be arrested. This involves:

• Being handcuffed and searched
• Having your rights read to you
• Being transported to the police station

Do not resist arrest even if you believe it is unjustified. Simply state you wish to speak to your attorney.

Booking and Processing

At the station, officers will:

• Photograph you
• Catalog your property
• Fingerprint you
• Formally charge you with DUI

Again, invoke your right to an attorney and decline to answer any substantive questions.

Chemical Breath Testing

A chemical breath test on an approved breathalyzer machine will likely be requested during booking. The result of this evidentiary breath test can be used in court, unlike the roadside PBT. There are complex issues regarding refusing or accepting breath testing, so say you wish to speak to an attorney before deciding.

Release or Bail

After booking, three things can happen:

1. You are released without charges if officer decides there was insufficient probable cause.
2. You are released on your own recognizance pending a court date.
3. You must post bail to be released pending court proceedings.

Contact a lawyer and loved one as soon as possible after release.

Legal Time Limits

After arrest, police have limited time frames to act:

• Chemical test must be done within 3 hours of driving
• Initial court appearance must be within 48 hours of arrest
• Formal charges filed within 72 hours of arrest

Delays can weaken the prosecution's case, so don't panic if held without charges.

Next Steps After Release

Actions to take after release:

1. Contact a DUI defense lawyer immediately.
2. Begin gathering evidence and identifying witnesses.
3. Consider obtaining an independent blood test if not given one.
4. Attend required court dates until the case is resolved.

An experienced DUI attorney can guide you through the complex legal process following an arrest and help build the strongest defense.

Conclusion

Being stopped on suspicion of DUI can be unnerving, but knowing what to expect can help you assert your rights. Politely cooperating without self-incrimination, invoking your right to an attorney, and not resisting arrest are keys to safely navigating a DUI traffic stop.

References

https://dui.drivinglaws.org/resources/dui-arrest-process.htm https://www.nolo.com/legal-encyclopedia/arrested-dui-happens-next.html https://www.avvo.com/legal-guides/ugc/10-things-that-happen-after-a-florida-dui-arrest https://www.bactrack.com/blogs/expert-center/35040645-dui-process-and-timeline https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_full_instructor_manual_2018.pdf