Things to Remember When Pulled Over by the Police for DUI

In the event that you are pulled over by the police, there are certain things you can do to increase your chances of beating the charges at trial or the DMV. If you haven't been drinking cooperate with the police fully. If you have, even if just one drink, then remember these tips.

Always Have Your Documents Readily Available

You know the cops are going to ask for it, so always keep your License, Registration and Insurance Card where you can get them quickly and without fumbling. Fumbling is one of the 'facts' the cops are going to use to support probable cause to arrest you. The point of these tips is to help you fight the DUI/DWI charges, not to avoid going to jail. If you've been drinking, going to jail is probably inevitable. But you should act to preserve your rights and act to aid your defense wherever you can.

Don't Answer Their Questions

Never make any statements that may admit guilt. When the cops ask you how much you've been drinking, what/when you last ate, where you're coming from or how fast you were driving, answer that "I've been advised by a lawyer not to answer questions like that," or by answering the police with a non-smart ass question. An exception to this would be if you are under medication or have a medical condition, like GERD or diabetes that may make defending against a DUI/DWI easier. Let the cops know if one of these apply.

Don't Take the Field Sobriety Tests

There is no rule saying you have to submit to the field sobriety tests. They can only hurt you. The pass/fail of the test is entirely subject to the officer's (who's predisposed to arrest you) opinion about whether you pass. WARNING: If you do not take the FSTs you will go to jail, but the cops will have much less evidence against you (particularly with respect to the driving while impaired charge).

Don't Agree to Take the Preliminary Alcohol Screener

This is the handheld breathalyzer the cops carry at the scene. They are entirely unreliable. And will only be used as proof you were drunk and impaired. You do not need to take the PAS if you are over 21. If you take the test, it will be used against you and most probably will never be able to help you avoid arrest. If you are under 21, you must take the PAS test when required by a cop.

Take the Blood Test, Not the Breath Test

There is much more that can go wrong with the blood test than the breath test, increasing your chances to beat the charges at the trial/DMV.

Comments - add comment

Posted 9 months ago.

Anonymous Comment: You are correct on having your information available. Id like to point out that, yes, fumbling for a license or not being able to find what your are asked to give is a bad thing. Anyone who is sober should be able to concentrate long enough on a task to find it. Thus the reason why drivers are asked to do a couple of task at the same time that a sober person would be able to perfom without a hitch, a drunk would not. If you refuse the preliminary breath test it IS another charge. Also, PBT are not admissable in court just as a lie detector test is not admissable. PBT's are used to add too the fact that person is intoxicated and that the arrest is justified for the idiot who is out drinking and driving. You should be more specific with "Dont answer thier questions" Refusing to give your name or id is a crime and is an arrestable offense. Refusal of SFST's will actually have a negative impact on one's case because it makes the person seem MORE guilty of driving under the influence. If you have nothing to hide then you should do as the officer asks. SFST's are a reliable tool to use to show impairment of a driver. If a driver can't walk a striaght line or show's sings of nystagmus then that driver should not be behind the wheel of a vehicle. Its dangerous and stupid. Blood test are actually MORE reliable then a Datamaster Breath test. Blood test will show a higher concentration and will show if any narcotics where consumed. Blood test would actually verify a driver's excuse of being on a certain kind of medication which would have adverse affects if mixed with alcohol. Would you have written this article if you had a daughter or son or a loved family member killed by a drunk driver? Remember, cops are here to protect. Not every cop does that right thing nor does every citizen do the right thing. It boogles the mind how many of these "help" articles there are for drunks or people who should not of been behind the wheel when they've had to much to drink. And yes, I am an officer. I've also never, ever, lost a dui case and I've had plenty of them. I've also given drunks rides home from the bar so they would not be out risking lives because they are idiots and are behind the wheel of a half ton machine cruising at mach speeds down a residential neighborhood nearly hitting parked cars because they are selfish and only want to make it home with no thought about anyone's safety. The reason why articles like this piss me off is because I've had a fellow officer killed by a drunk while he was doing a traffic stop. He passed out and swerved out of his lane and plowed into the vehicle my buddy was standing at. The driver was in a coma for six months while his daughter (6 years old at the time) got both legs broke and was pinned in the vehicle for almost a half hour. Google it, you'll find the story.

Posted 7 months ago.

Anonymous Comment: I have been pulled over 3 times in the last 12 years, only to be asked: "how much have you had to drink this evening?" The problem is that I DO NOT DRINK. Two of these times I had just left an area where a bar was located, the other time was on a Christmas eve. Even though I had done nothing wrong and the officers had no reasonable cause for stopping me, I was still cited for failing to stop at an intersection (two times!). Why would I fail to stop at an intersection with a police car 12" off of my bumper? A friend of mine (who does drink) decided against driving home one evening and was arrested for walking home! ("drunk in public") Lawmakers and police officers have created a no-win situation for us, the "general public" who they tend to presume guilty....as if we must be guilty of something. There are more of us than there are of them (above) and we appreciate your advice.

Posted 3 months ago.

Anonymous Comment: This is the new way to reinforce prohibition; the law says the state can legally sell the citizens booze, but anything you do while drinking it is illegal. The minute you step foot out of the bar you become public intoxicated. I donâ€™t see an end to the problem anytime soon. The system is broken. If we really wanted to solve the problem of drinking and driving we would force all liqueur license establishments to be required to pay for city trolleys that carted these drunks home for a small fee. These trolleys could be shuttled from bar to bar throughout the city thus reducing the drunk driving. It is obvious this isnâ€™t the goal of the revenue agents (Police Officers). Money is the most important thing to them, it keeps the mafia running. Most police donâ€™t realize this but they are merely revenue agents, there sole job is to create revenue for the state. If they are pulling you over, they will find something to citation you, but the DUI case brings in more revenue. This brings their quota up for the month. Eventually the current way of doing things will crack, but at whoâ€™s expense is the question. Thanks, Keep the information flowing and GOD BLESS AMERICA!