For both law enforcement officers and drivers, being pulled over on suspicion of drunk driving or other traffic violations can quickly escalate from a routine check to a dangerous situation. It’s essential to stay calm and avoid saying or admitting to anything that could incriminate you. Every traffic stop is unique, and remaining composed can prevent unnecessary complications even if you’re innocent of any wrongdoing.
What To Do If You’re Stopped By The Police for Suspected DWI/DUI
Taking the right steps during the traffic stop can limit the states evidence against you and greatly improve your chances of getting the best possible outcome in your case.
Stay Calm and Composed
The first and most crucial step is to remain calm and composed. Anxiety and panic can lead to erratic behavior, which may raise suspicion and give law enforcement more reasons to investigate further. Take a deep breath, keep your hands visible, and comply with the officer’s instructions unless the officer is requesting a sobriety test.
- Keep Hands Visible: Place your hands on the steering wheel where the officer can see them. This helps to ensure the officer feels safe and can approach your vehicle without heightened concern.
- Avoid Sudden Movements: Sudden movements can be perceived as a threat. If you need to reach for something, such as your license or registration, inform the officer before doing so.
Be Polite and Respectful
Interacting with the officer in a polite and respectful manner can positively influence the encounter. Aggressive or disrespectful behavior can escalate the situation and lead to additional charges such as resisting arrest or disorderly conduct. Remember, often the officer will have dash cam video from their car and will likely be wearing a body cam.
- Address the Officer Respectfully: Use polite language and address the officer as “officer.” This demonstrates cooperation and respect.
- Follow Instructions: Comply with the officer’s requests, such as providing your license, registration, and proof of insurance. Failure to do so can result in additional legal complications. We’ll discuss why not to submit to sobriety tests in the next chapter.
Know Your Rights
It’s important to understand and exercise your rights during the traffic stop. While cooperation is important, you are not obligated to provide information that could incriminate you.
- Right to Remain Silent: You have the right to remain silent. You are not required to answer questions about where you are coming from, where you are going, or whether you have been drinking. Politely inform the officer that you are exercising your right to remain silent.
- Right to Refuse Consent to a Search: Unless the officer has probable cause or a warrant, you have the right to refuse a search of your vehicle. Clearly and politely state that you do not consent to a search.
Avoid Self-Incrimination
One of the most common mistakes during a traffic stop is providing information that can be used against you. Be mindful of what you say and avoid volunteering unnecessary information.
- Do Not Admit to Drinking: If asked if you have been drinking, you are not required to answer. Admitting to drinking can provide the officer with probable cause to conduct further tests.
- Limit Conversations: Keep your responses brief and to the point. Avoid engaging in casual conversation or making statements that could be misconstrued.
Request an Attorney
If you are arrested or if the situation escalates, clearly and calmly request an attorney. Having legal representation can help protect your rights and ensure that you are treated fairly.
- Invoke Your Right to an Attorney: Clearly state, “I would like to speak to an attorney.” Repeating this request can be important if the officer continues to question you.
- Do Not Answer Questions Without Legal Counsel: Once you have requested an attorney, refrain from answering any further questions until you have legal representation.
The second a traffic stop turns into a DWI investigation, the best approach is to remain silent, avoid answering incriminating questions, allow law enforcement to take you into custody if they believe you are under the influence, and contact a DWI defense lawyer immediately.
What Not To Do If You’re Pulled Over
If you’ve been drinking and are pulled over for speeding, swerving, or other traffic violations, keep the following in mind:
- Do Not Argue with the Officer: Arguing or being confrontational can escalate the situation. Stay calm and respectful, and save any disputes for the courtroom.
- Do Not Reach for Anything: Avoid reaching for your license, registration, or any other items until the officer asks you to do so. Sudden movements can be perceived as a threat.
- Do Not Exit the Vehicle: Unless instructed by the officer, stay in your vehicle. Getting out without being asked can be seen as aggressive or threatening behavior.
- Do Not Lie or Give False Information: Providing false information to a law enforcement officer is illegal and can lead to additional charges.
- Do Not Refuse to Provide Documentation: When asked, you must provide your driver’s license, registration, and proof of insurance. Refusing to do so can result in further legal consequences.
Police are restricted in the evidence they can gather without a warrant, which is crucial for protecting your rights. An experienced DWI/DUI attorney can challenge the legality of evidence obtained without proper authorization, potentially leading to reduced charges, dismissal, or a “Not Guilty” verdict.
