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Facing a DUI traffic stop can be a nerve-wracking experience. However, how you handle yourself during the stop can have a significant impact on your case. The choices you make in those critical moments could influence whether charges stick or are dismissed. To help you navigate this challenging situation, here are three things you should never, ever do if you’re pulled over on suspicion of DUI.
1. Don’t Volunteer Information
When an officer pulls you over, you might feel compelled to explain yourself or prove you’re sober. Avoid doing this. While it’s natural to want to talk your way out of trouble, volunteering unnecessary information can backfire.
For example, saying something like “I only had a couple of beers” immediately gives the officer probable cause to investigate further. Instead, remain calm, be polite, and stick to the basics. Provide your license, registration, and proof of insurance when requested, but don’t feel pressured to answer questions like, “Have you been drinking?” You are legally allowed to say, “I’d prefer not to answer that.”
2. Don’t Refuse Lawful Requests Without Understanding the Consequences
Refusing a breathalyzer, field sobriety tests, or blood tests might seem like a way to protect yourself, but it can come with serious consequences. In most states, refusing a chemical test can lead to automatic license suspension and could be used against you in court.
That said, field sobriety tests (like walking a straight line or standing on one leg) are not always mandatory, and they are often subjective. You can politely decline these tests without breaking the law in many jurisdictions. However, chemical tests, such as breath or blood analysis, are typically required under implied consent laws. Before declining any request, understand the legal implications in your state and consult a qualified attorney as soon as possible.
3. Don’t Act Aggressively or Resist
Even if you feel the stop is unfair or you disagree with the officer’s actions, never argue, raise your voice, or physically resist. Any form of aggression can escalate the situation and lead to additional charges, such as obstruction of justice or resisting arrest.
Instead, stay calm and cooperative. If you believe your rights were violated, you’ll have the opportunity to address this with your attorney later. Remember, everything you say and do during the stop can be documented and used against you. Keeping your cool is one of the best ways to protect yourself.
If you’re arrested for DUI, one of the first things you should do is contact an experienced attorney. The legal team at van der Veen, Hartshorn & Levin understands the complexities of DUI cases and will work tirelessly to defend your rights and protect your future.
Every case is unique, but by avoiding these three mistakes, you’ll be in a stronger position to fight the charges and move forward. If you have questions or need representation, don’t hesitate to reach out to us for a free consultation.
Contact us today to get started on your defense.
