What To Do If Stopped for a DUI - Tips for Drivers

Tip 1

Exercise your right to remain silent. Do not answer any questions. This includes not answering the question of whether you have been drinking. Exercising your right to remain silent may cause you to feel awkward, but it is important to do. You simply need to hand your drivers license, insurance and registration to the officer.

Tip 2

You are not required to take field sobriety tests (walk-and-turn, one-leg stand, etc.). The tests are very difficult to pass, even if sober. The tests are given for the purpose of building a case against you. You may politely decline to take the tests by shaking your head.

Tip 3

While you might be fined for refusing, you are not required to take the “preliminary breath test.” This test is done by blowing into a small hand-held machine. You may politely decline by shaking your head.

Tip 4

The only time that you should speak is to ask the officer for permission to leave. You should make this request often.

Tip 5

The officer will read you an “implied consent advisory” and then ask you if you will consent to a breath test (occasionally they will ask for a blood test instead). You may refuse this test. To decide whether to take the test or refuse the test, see the section in this web site entitled "Refusing or Taking a Breath Test."

Tip 6

If you do take the breath test, ask for an independent blood test. All that needs to happen is that the blood be drawn and stored at the hospital or other facility. You do not need to agree to give the results to police.

Tip 7

See a DUI Defense Team attorney right away. You have only 10 days to file a hearing request to challenge the suspension of your drivers license

* These are generalities, not legal advise. For additional information call the DUI Defense Team.