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

Tip 1

Remember that you have the right to remain silent. This includes not answering the question of whether you have been drinking. Never admit to drinking. Officers will not be lenient if you are truthful.

Tip 2

Exercise the right to remain silent at all times. You will be accused of having slurred speech regardless of how well you speak. 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. Nothing must be said.

Tip 3

Do not agree to submit to “field sobriety tests.” You will not pass these tests even if you are absolutely sober. The tests are given solely for the purpose of building a case against you. Do not take the tests. Politely decline to take the tests by shaking your head. The officer may threaten to arrest you if you do not cooperate. There is no requirement that you take the tests. A premature arrest, especially one based on refusal to do field sobriety tests, creates a possible defense to charges.

Tip 4

Do not take the “preliminary breath test.” This test is done by blowing into a small hand-held machine. Like the field sobriety tests, there is no requirement that you take the test. Politely decline by shaking your head.

Tip 5

The only time that you should speak is to ask the officer for permission to leave. You should make this request after declining to take the field sobriety tests.

Tip 6

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 7

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. Do not agree to give the results to police. This is your test and you alone have the rights to the results. Ask that the officer allow you to make calls to arrange for funds, if not readily available. This independent test may be evidence of your innocence, and if not helpful, the police will never see it.

Tip 8

See a DUI Defense Team attorney right away. You have only 14 days to file a hearing request to challenge the suspension of your drivers license.