Dos And Don’ts Of DUI Stops: Know Your Rights

Every state in America has strict laws against operating a motor vehicle while under the influence of alcohol. Of course, the easiest way to avoid a driving under the influence charge (DUI) or driving while intoxicated charged (DWI) is to never consume alcohol if you plan on driving. Still, many police departments have proactive units dedicated to finding and charging drunk drivers — and it's possible that you could be pulled over under suspicion of drunk driving even if you haven't had a drop to drink or are well under the legal limit.

For this reason, it's important for all motorists to understand what to do (and what not to do) if they're ever pulled over and investigated for DUI/DWI.

DO Pull Over Immediately

Failing to stop right away is only going to make a police officer more suspicious. As soon as you're safely able to do so, you need to pull over to the side of the road and await the officer's commands. If it's dark out, consider turning your overhead light on and placing your hands on the steering wheel until the officer arrives to give you further instructions.

DON'T Incriminate Yourself

Remember that you're under no legal obligation to answer any questions or provide the officer with any information other than your driver's license, proof of insurance, and registration. If the officer asks how much you've had to drink, you do not need to answer. This is a right you may want to exercise if the answer to a question could be incriminating. After all, the United States Constitution's fifth amendment protects you from making any statements that may incriminate you or be used against you.

DO Consent to a Blood Test

If you're suspected of driving under the influence for any reason, you'll likely be asked to submit to field sobriety and/or a breath test. You are under no legal obligation to consent to these. Instead, you may request a blood test at the local police station. These are more accurate and less likely to result in a "false positive" reading. A blood test will also require more time to administer (since you'll need to have it done at the station), which could allow any alcohol in your system to metabolize before you take it.

DON'T Go Without Legal Representation

If you end up being charged with DUI or DWI, regardless of whether you believe you're innocent or guilty, you need to consult with an experienced DUI lawyer as soon as possible. An attorney will be able to represent you while keeping your best interests in mind throughout the complicated legal process.

To learn more, reach out to a company like Daniels Long & Pinsel.


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