What to Do When Pulled Over in Suspicion for a DUI

Undoubtedly, driving under the influence is among the primary causes of most fatal road-related accidents. Hence, law enforcement officers are more vigilant than ever to find and arrest motorists who endanger the lives and property of other people by driving under the influence.

One way law enforcement officers ensure that our roads are safe and free from intoxicated drivers is by setting up sobriety checkpoints. A sobriety checkpoint is a law enforcement roadblock where police randomly check vehicles and arrest motorists they suspect could be driving under the influence of alcohol or drugs.

Since DUI (driving under the influence) arrests are often unexpected, knowing what to do when the police select your car to pull over on suspicion that you were operating a car under the influence is critical. Depending on how you handle your interaction with the police and the steps you take afterward, you could secure your freedom immediately or go behind bars as the alleged case continues.

Crucial Steps to Take When Pulled Over in Suspicion for a DUI

While being pulled over on suspicion that you were drunk driving can be confusing, it does not mean an arrest or conviction is inevitable. The steps you take when that happens, can mean the difference between a DUI arrest and securing your freedom to drive home to your loved ones without unnecessary delay.

Below are critical tips that can help you during the DUI investigation process and after an arrest when the police select your vehicle to pull over on suspicion that you are operating a car under the influence:

Pull Over Your Vehicle

The DUI investigation begins when a police officer selects your vehicle to pull over on the side of the road. When a law enforcement officer asks or selects your vehicle to pull over for a brief DUI investigation at a sobriety checkpoint, you must do so. In most cases, the police do not select your vehicle to pull without a genuine reason.

When asked to do so, you should comply with their instructions and do what the police officer requests you to do as a law-abiding citizen would. Aside from being a crime, failing to pull over at a sobriety checkpoint when a police officer asks you to do so could make your underlying DUI case serious.

That means the court could conclude that the reason for failing to pull over for a brief DUI investigation is because you were under the influence and wanted to evade prosecution. Eluding a law enforcement officer or refusing to pull over is a misdemeanor offense that could attract a jail time of not more than six (6) months and up to $1,000 maximum fine upon conviction.

If you caused a collision in the process of eluding a police officer, the prosecutor could file your DUI case as a felony, carrying harsher penalties upon conviction. Therefore, even though you reasonably believe that law enforcement officers have no reason to select your vehicle to pull over on suspicion of a DUI, you should do so upon their request or signal.

Find the Safest Location to Stop Your Vehicle

When a police officer selects your vehicle to pull over on the road side for a brief DUI investigation, he/she has probably noticed unusual behavior on the road, and his/her aim is to collect additional evidence to use against you. The officer's report and the attached evidence determine whether the prosecutor will file DUI charges against you.

Hence, be careful when stopping your car and watch your conduct when interacting with the officer. To avoid giving the officer more reasons to believe you are an intoxicated driver, you should find the safest place to pull over your car and do so cautiously, as a sober person would under the same circumstances.

Even though you already had one or two alcoholic beverages a few minutes before the officer asked you to pull over, you should display confidence when interacting with the officer to convince him/her that you are not a safety risk to other motorists. When you respect the officer's instructions and pull over your car safely, he/she can let you continue your journey without wasting unnecessary time.

Avoid Sudden or Suspicious Movements

All enforcement officers are well-trained individuals who know how to protect their safety when handling criminal cases. Sudden or suspicious movement after stopping your vehicle could show the officer that you are a danger, making him/her apply self-defense measures. Suspicious movements could also convince the officer that you are operating a car under the influence.

Once you pull over safely, the police officer will keenly approach your car from the rear while looking at you to ensure you do not pose a danger to him/her. Even though you feel the officer was wrong to select your vehicle to pull over, cooperating with him/her during the DUI process is critical.

As you wait for the police officer to come to your vehicle and ask his/her questions, you should keep all your hands on the steering wheel where he/she can see them. The officer could ask you to step out of your car for further investigation and field sobriety tests (FSTs) if necessary.

Ensure you exit the car slowly because abrupt movements could give the impression that you are planning to attack the officer. Whenever a police officer asks you to pull over on suspicion of a DUI, remember that he/she is very keen to observe your behavior to find more evidence to include on his/her arrest report.

Therefore, you should avoid giving him/her any reason to act in self-defense or arrest you as a suspect in a DUI case. For instance, you should avoid sudden or suspicious movements while interacting with the officer.

Stay Calm

Although it could be challenging to remain calm when interacting with the police after stopping your vehicle for a DUI investigation, you should do so even though you are not intoxicated. While interacting with the officers, your body language and behavior could give them probable cause to arrest you for DUI.

That is why you should remain calm and answer all the questions the officers will ask you. However, remember that anything you say to the police officer can and will apply against you in court. Remaining calm while interacting with the officers shows you are in control of your senses and can drive like a cautious driver would under similar circumstances.

On the other hand, being irritable, evasive, and defensive with a police officer could give him/her reason to believe you are intoxicated, leading to a DUI arrest. Remember, your main goal when a police officer selects your vehicle to pull over for a brief DUI investigation is to avoid giving the police officer a reason to believe that you are under the influence.

If the officers ask to check your driver's license or any other documents, you should hand it over to him/her calmly and keep the conversation as brief as possible. The more you talk with the officer, the higher the chances of disclosing incriminating information that can apply against you at trial, leading to a conviction.

The officer will decide whether to initiate the DUI arrest against you based on his/her observations and the information you will give him/her. Other than your legal name,  driver's license, car registration, and insurance details, you are not under a legal obligation to give more documents or details to the officers.

Politely Refuse FSTs

After carefully checking your insurance information and driver's license and answering all his/her questions, the police at a DUI checkpoint could ask you to step out of the vehicle and perform a few FSTs, including:

• One-leg-stand
• Walk-and-turn test
• Horizontal-gaze nystagmus

The police will request that you perform these FSTs to determine whether you have the physical and mental ability to drive a vehicle like a cautious driver. Poor performance on these tests could indicate you are high or intoxicated, giving the police probable cause to initiate a DUI arrest against you. However, even sober drivers can fail these tests due to innocent reasons like:

• The ground was uneven
• The place was unlit
• The officers did not provide you with the correct instructions

Therefore, do not become tempted to take these tests to prove a point, even if you are certain you are sober. Remember that you can refuse FSTs without any criminal charges. To avoid providing the police with a reason to arrest you, you should politely refuse all the FSTs he/she asks you to perform.

Although the police can still arrest you instantly after refusing the tests, he/she will not have any evidence to support the alleged DUI offense.

Refuse to take the Preliminary Alcohol Screening (PAS) Tests

Again, to avoid situations that could worsen the DUI case you are up against, refusing the PAS or breathalyzer test after being pulled over by the police would be a wise idea. The main reason is that it is not uncommon for the breathalyzer gadget to record the wrong BAC (blood alcohol concentration) level due to mechanical problems or contamination of your breath sample.

When that happens, you could face a wrongful conviction for a DUI crime you did not commit. Hence, it is advisable to politely refuse the PAS test when the police select your car to pull over for a brief DUI investigation.

However, when you are under 21 years of age, you cannot refuse to blow a breathalyzer when asked to pull over on suspicion that you were operating a car while intoxicated. According to the zero-tolerance law, it is illegal for someone under the age of 21 to drive with any amount of alcohol in his/her system.

Similarly, if you were on DUI probation, you cannot refuse to take the PAS test when the police select your car to pull over for a brief DUI investigation. If the court awards you a DUI probation, he/she expects you to consent to regular BAC tests by the police.

However, when the police ask for your blood sample after a DUI arrest, you should provide it to him/her because failing to do so is a crime that could make your underlying case more serious. That is true even if you are not an underage driver (under 21 years old).

Remember to pay attention to how he/she draws or stores your blood because contaminated equipment could lead to tainted results, putting you at an unfair advantage at trial. If you notice anything that could taint your chemical blood or urine test results upon an arrest for a DUI offense, you should inform your attorney during your initial appointment with him/her.

Intelligently Answer the Officer's Direct Questions

Although you have a legal right to remain silent, the arresting officer could ask you some direct questions to determine whether you are intoxicated by how you answer them. For instance, the police officer could ask you whether you understand why he/she selected your vehicle to pull over.

If you have to answer the question, you should do so albeit carefully to avoid providing incriminating details or give him/her a neutral answer by asking him/her why he/she stopped you. It is worth noting that when you accidentally confess that you had two or three drinks before you got on the wheel, challenging the DUI allegations you are up against could be challenging.

To avoid implicating yourself more if you are under arrest for a DUI offense, you can politely ask the officer to allow you to consult with your attorney first.

Understand Your Constitutional Rights

Knowing and understanding your legal rights during the DUI investigation process is important to avoid doing or disclosing anything that can place you at an unfair advantage during your case trial. Sometimes, police officers are under pressure to ensure all intoxicated drivers on the road are under arrest, making them violate the rights of motorists suspected of driving under the influence.

For instance, the police can willingly refuse to read your Miranda rights upon an arrest, which is a vital legal requirement. When the arresting officer violates your rights, you should inform your attorney about it as soon as possible to build arguments to challenge the allegations you are up against for the best possible outcome.

Arguing that the arresting officer violated your legal rights during your case's trial could convince the court to drop or reduce the DUI charge you are up against to a lighter charge, like dry reckless. For example, when the officer fails to inform you of your legal right to stay silent and he/she continues to question you, your attorney could convince the court to drop the information obtained.

If you do not have money to secure the services of a personal attorney, the court will appoint a public defender to help challenge the allegations you are up against for the best possible outcome.

Retain the Services of a DUI Attorney

Considering the complexity of legal cases, you would not want to handle the DUI allegations you are up against without the services of an attorney. That is why the court provides you with a public defender if you are indigent or cannot afford a personal attorney. For the best possible outcome on the alleged DUI charge, you should find an attorney with:

• Cost-friendly services
• Proper licensing credentials
• Proper qualifications and experience
• A credible reputation
• A flexible work schedule and few cases at hand

When facing a grave offense like DUI, you would not want to settle for the services of a mediocre attorney. Take your time to find a competent and aggressive defense attorney to help you convince the judge to dismiss or reduce your DUI charges. You will rely on the services of an attorney at every stage of the criminal court process, including the arraignment or bail hearing.

During the bail hearing, your defense attorney can help convince the court to award you a release from jail on bail. You will likely qualify to post bail after a DUI arrest if your attorney can prove that:

• You are not a public threat
• You have community and family ties
• You are not a flight risk
• You have no record of skipping bail

An aggressive and dedicated attorney could also help convince the court to award you an Own Recognizance (O.R.) release. If you are an excellent candidate for an O.R. release upon a DUI arrest, you will receive your freedom without posting bail.

Securing your release from jail upon an arrest is important to go home to your loved ones and continue with your job to earn enough money to pay for your attorney's services. If an O.R. release is not an option and you cannot afford the court-set bail price for your offense, your attorney can help secure bail bond services.

That is where the services of a bail bondsman become necessary to offer you bail bond services in exchange for a certain percentage of the total bail price for your offense.

Find a Profound Defense Attorney Near Me

The legal guidance of a well-trained and seasoned attorney can help ensure the best possible outcome if your vehicle is selected to pull over for a brief DUI investigation. Our attorneys at Koenig Law Office understand how confusing and nerve-wracking it can be to be pulled over on suspicion that you are driving under the influence of alcohol or drugs.

That is particularly true if it is your first interaction with the police, but you do not have to fret. Aside from offering you legal guidance, we will represent you in court to help you secure a favorable outcome. Call us at 661-793-7222 to schedule your first obligation-free consultation with one of our profound defense attorneys, wherever you are in Bakersfield.