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Complying with Officer Requests When You've Been Pulled Over for DUI: What to Expect and What Not to Do
The outcome of your DUI arrest actually begins before you pull over for the officer who has flagged you down. The moment you see an officer's lights flash behind you, the decisions you make from that point on will set the tone for your entire case. Even if you are guilty of driving under the influence, one of the best things you can do for yourself is to remain respectful and comply with the police, to the best of your ability. However, this does not mean you are required to incriminate yourself.
Here are some common requests you will face from an officer who pulls you over for the suspicion of DUI and how you should handle each one:
Proper pullover - Police want to see you pull your car over quickly, safely, and correctly. You should not delay pulling over to the side of the road; you should comply with the officer’s direction as quickly as possible, so long as you can safely park your vehicle. The sooner you stop and park your car, the better your chances of avoiding unnecessary tension and conflict once the officer approaches you. You want to cooperate from start to finish, and pulling over immediately, when the officer directs you to do so, is the first signal that demonstrates you are taking the matter seriously and that you intend to comply.
What Not to Do When Pulled Over for DUI
When it comes to any potential arrest, how you react in the moments that lead up to and follow the arrest can make a difference in the representation and outcome of your case. This is especially true when it comes to being pulled over for the suspicion of drunk driving. The minute an officer pulls you over because they believe you have been drinking, the decisions you make from that point on can significantly alter what happens to you in a court of law. Your driver’s license, record, reputation, your future, and even your wallet are at stake. Even a simple statement or behavior can put you in hot water and make matters worse, which is why it is so important to keep your actions in check the moment you find yourself face-to-face with a DUI situation.
What to Avoid
If you find yourself pulled over for drunk driving, criminal charges are imminent. To protect your best interests and to prevent the collection of evidence that can be used against you in court, refrain from the following:
Three Steps Every Driver Should Take When Pulled Over for Suspicion of Drunk Driving
You have been pulled over by the police for suspicion of drinking and driving. Now what? A DUI arrest begins with an officer directing you to the side of the road based on probable cause that you have been operating your vehicle under the influence. From there, the officer observes you and asks for your information, and then typically requests for you to submit to a field sobriety test.
At this point, you have some decisions to make. Any test you take, along with how you choose to behave the moment you are accused, can and will be used against you in court. That is why the steps you take when you are pulled over are so crucial. Your course of action during these critical moments has the power to significantly impact your case from start to finish.
If you are pulled over for a DUI, follow these steps to set yourself up for a fair trial:
Your Rights in Court Following Your Arrest
Once you experience an arrest, the events that immediately follow the incident can be a blur, especially when the reality of facing criminal charges comes crashing down on you. The weight of such circumstances can be overwhelming, to say the least. Whether the accusation is a false one, you were in the wrong place at the wrong time, or you made a poor choice in the moment, being escorted to prison with long-lasting consequences on the horizon can seriously alter your present as well as your future.
Arrest Aftermath
What happens when the damage is done and there is no rewind button? Once you have been arrested and accused of a crime, your options are limited. You may not be able to take back the choices you made or change the circumstances surrounding the arrest, but you do have the ability to inform yourself of your basic rights and claim those liberties to the best of your ability in an effort to protect your best interests.
Three Reasons You Should Consult an Attorney After Your Arrest
Whenever a citizen experiences an arrest, the initial fear of facing criminal charges of any kind typically prompts them to request to speak with an attorney right away. Ideally, this should always be the first course of action. Consulting with a knowledgeable criminal defense lawyer can be one of the most crucial decisions you make when accused of a crime,. The sooner you acquire proper legal representation, the sooner you can safeguard your rights, build a strong case, and protect your future.
In the event you are arrested, here are three valid reasons you should consult with an attorney:
1. You may be wrongly accused.
According to the law, any sheriff, state trooper, or police officer can make a lawful arrest. Under certain circumstances, they are not required to have a warrant to take you into custody. If they have reasonable ground to believe there is already a warrant issued under your name, or if they claim you committed or attempted to commit a crime in their presence, they have the right to arrest you. In short, if a police officer believes you are guilty of a crime, they can escort you to jail. So, what do you do if you are wrongly accused? What if the arresting officer has misconstrued the facts surrounding your arrest? You will need a professional who knows the law inside and out to fight for justice on your behalf.
Protecting Yourself During an Arrest: What to Do and What Not to Do When You are Arrested
The moments that lead up to an arrest can be disorienting; the sequence of events often blurs together, spawning a state of shock and confusion as you process the fact that you will possibly face criminal charges for your actions. Even if you sense the arrest coming, the moment law enforcement begins to read your rights and take you into custody, reality begins to surface and you can quickly succumb to panic mode if you do not know how to handle the situation. This is especially the case when you believe you have been wrongly accused.
Due to the stressful nature of an arrest, many individuals who are confronted with the possibility of criminal charges tend to freeze up the minute they are accused of a crime. Some act out in anger, out of fear, or from sheer disbelief that they are being taken into custody. During those moments when emotions run high, irrational and aggressive behavior can take over, which can easily make the situation worse and hurt your overall case in a court of law.
The Moments After the Arrest: Knowing Your Rights and How to Exercise Them
No matter what kind of criminal offense you face, any crime that results in an arrest calls for a proper criminal defense. The moments that immediately follow your arrest are crucial; how you choose to react and the decisions you make in those moments have the power to shape any repercussions you face. Understanding your rights and the liberties you have because of them can make all the difference in the results of your case.
Your Four Basic Rights Following Your Arrest
We’ve all heard these rights before, whether on television, in movies, or through stories from neighbors who have experienced an arrest. Also known as "Miranda rights," these famous lines give us an immediate snapshot of what we can and cannot do upon arrest, as well as what powers authorities do and do not have to exercise against you. The moment you are taken into custody, the U.S. Supreme Court requires that law enforcement informs you of the following:
Breathalyzers Behind the Wheel: The Role of Ignition Interlock Devices
The moment you are pulled over under the suspicion of drinking and driving, your whole world can be turned upside down. If you have in fact been drinking and driving, the moment the law enforcement officer collects evidence against you, you are at risk for losing your license, serving jail time, paying hefty fines, and possibly blemishing your future career options, as DUI convictions can often ruin your eligibility for certain jobs.
The BAIID Consequence
Along with having your license suspended, paying fines, and serving possible jail time, you may also face another serious restriction as you reclaim your driving privileges. Should you decide to submit to a blood alcohol concentration (BAC) test upon your arrest and are found guilty of driving while intoxicated, you will likely be required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle if you are eligible for driving relief. The BAIID installation is required for a set period of time determined by the court, depending on the nature of your conviction, and you are required by law to utilize it any time you get behind the wheel.
What Happens When a Driver Refuses a Breathalyzer Test?
When it comes to the subject of DUI, the consequences of getting behind the wheel intoxicated are never easy to face, especially when they directly affect someone you know personally. The mere prospect of being pulled over under suspicion for driving while intoxicated is an uncomfortable scenario to ponder, but it is a very real reality for many people. And, it is a crime that has the power to alter the quality of your life severely.
The Moments After You are Pulled Over
So, what actually happens when you are pulled over for suspicion of DUI? Are the events that unfold as harsh or as scary as we hear they are? The moment an officer pulls you over, they require you to present your license, registration, and proof of insurance, and you are then asked to submit to a field sobriety test if the officer believes you have been drinking.
The Advantages of Refusing to Submit to a Breathalyzer Test
One of the biggest questions people have when the subject of DUI defense arises is how to handle a breathalyzer test. Should you automatically agree to submit to a BAC test? Or should you refrain from submitting all together? When combined, the rights dictated to you by the police in the heat of the moment along with the consequences presented to you for refusing to submit are intimidating, at the very least.
To Submit or Not to Submit?
The stressful ordeal of being pulled over under suspicion of drinking and driving can make the decision to take the test a tough call. The answer to whether or not you should agree to the test is just as difficult, but one thing is for certain: There are potential advantages to refusing to submit to a breathalyzer test, and many criminal defense attorneys actually encourage you in this direction.
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