TOP 5 THINGS TO DO WHEN PULLED OVER FOR A DUI
DON’T ADMIT TO CONSUMING ALCOHOL
One of the first mistakes people often make when pulled over is admitting they’ve had alcohol. It may seem harmless to say, “I had a drink or two,” but this admission gives law enforcement enough reasonable suspicion to escalate the situation. Once you confirm you’ve been drinking, it provides the officer with more justification to remove you from the vehicle, conduct field sobriety tests, or administer a breathalyzer.
Why It Matters: Admitting to consuming alcohol immediately strengthens the officer's case. The simple act of acknowledgment gives them grounds to suspect impairment, even if you aren’t legally intoxicated. Rather than volunteering this information, calmly state that you choose not to answer the question. Under the law, you are not obligated to incriminate yourself, and staying silent is within your legal rights. This is particularly important because officers will often interpret your words and behavior in a way that helps build their case against you.
DON’T PERFORM THE DIVIDED ATTENTION TESTS LIKE 123 OR ABC-TYPE TESTS
When an officer suspects you of DUI, they might ask you to perform divided attention tests, such as counting backward or reciting the alphabet. These tests seem straightforward, but they’re designed to be tricky, especially under pressure. Even someone who hasn’t had a drop of alcohol could struggle with these tests due to anxiety, stress, or confusion. Mistakes are common, and officers often subjectively interpret the results in their favor.
Why It Matters: Even if you pass these tests flawlessly, the officer might still claim you slurred your speech, missed a letter, or appeared confused, all of which can be used as evidence against you. By declining to perform these tests, you limit the potential for the officer to use any missteps to suggest impairment. Instead, politely refuse, stating that you prefer not to participate. You are not legally required to perform these roadside tests in many states, and refusing them may prevent the officer from gathering further evidence to support their suspicion.
DON’T PERFORM THE FIELD SOBRIETY TESTS
Field sobriety tests (FSTs) are another tool officers use to determine whether you are impaired. These tests typically include walking in a straight line, standing on one leg, or following an object with your eyes. However, these tests are notoriously difficult to perform, even for sober individuals. Factors such as poor balance, medical conditions, nerves, and even the environment (like uneven ground) can make passing these tests extremely challenging.
Why It Matters: Field sobriety tests are highly subjective, meaning the officer’s interpretation of your performance can vary. You might feel you performed well, but the officer could claim you were off-balance, swayed, or didn’t follow instructions properly. Declining to perform these tests minimizes the amount of subjective evidence against you. In most cases, you have the legal right to refuse to participate without facing criminal penalties, although refusal might still lead to an arrest if the officer feels they have other grounds for suspicion. However, without the results of these tests, it becomes harder for the prosecution to prove impairment later.
DON’T ADMIT TO DRIVING THE VEHICLE
Another critical component of a DUI charge is proving that you were the one operating the vehicle. If the officer didn’t see you driving or has no clear evidence of who was behind the wheel, they may ask questions to fill in the gaps. Even if you were driving, it’s crucial not to admit it. Any admission of operating the vehicle can later be used as an essential piece of evidence against you in court.
Why It Matters: For a DUI conviction, the prosecution must prove beyond a reasonable doubt that you were operating or attempting to operate the vehicle. If the officer didn’t witness you driving, the burden of proof becomes more difficult without your admission. Politely decline to answer any questions related to your driving and remain silent. Remember that you have the right to remain silent and consult with an attorney before making any statements that could be used against you. Remaining silent can be one of the most effective ways to protect yourself.
DON’T TAKE A BREATH TEST
Refusing a breath test can feel intimidating, especially since law enforcement may warn you about the potential consequences, such as the suspension of your driver’s license. However, submitting to a breath test provides the officer with direct scientific evidence of your blood alcohol content (BAC), which is often the strongest piece of evidence in a DUI case.
Why It Matters: If you refuse to take the breath test, you deny law enforcement the opportunity to collect irrefutable scientific evidence of your intoxication. While refusal might lead to administrative penalties, like a license suspension, it could significantly weaken the prosecution’s criminal case against you. Without a clear BAC result, proving beyond a reasonable doubt that you were driving under the influence becomes much more challenging for the prosecution. However, it’s essential to understand that refusal rules can vary by state, so it’s wise to familiarize yourself with local DUI laws and consult an attorney immediately if you find yourself in this situation.