Being charged with a DUI (Driving Under the Influence) is a serious situation that can happen to anyone, even those who are completely innocent. Whether you’re taking a prescription or have recently consumed marijuana, the risks of being charged with a DUI can be unexpectedly high. Below are eight tips that everyone should know if they are pulled over and questioned by law enforcement.
1. Do Not Admit to Consuming Any Alcohol or Drugs
When an officer begins questioning you about alcohol, marijuana, or prescription drugs, keep in mind that this is part of the investigation. By admitting to any consumption, you’re giving the officer evidence that can lead to a DUI arrest. Whether sober or impaired, your response should always be “no” to avoid incriminating yourself.
2. Invoke Your Right to a Lawyer and Remain Silent
You have the constitutional right to remain silent and to request a lawyer. These rights cannot be used against you in a trial, meaning the jury will never hear about your request for legal counsel. Politely tell the officer: “I am invoking my right to an attorney and I am not answering any more questions. Am I free to leave?” Once you’ve requested a lawyer, the officer should stop questioning you.
3. Do Not Perform Field Sobriety Tests
Field sobriety tests are often designed to be impossible to pass, regardless of your level of impairment. These tests are used to build a case against you. If you refuse to participate, the officer loses a key piece of evidence they might rely on to justify an arrest. Refusing these tests is always in your best interest.
4. Do Not Consent to a Search
You have the right to refuse a search of your person or vehicle. Officers may try to gain consent for a search, but you are under no obligation to comply. Refusing a search will not be used against you in court and preserves your constitutional protections against unreasonable searches.
5. Ask to Speak to a Lawyer Before Providing a Breath Sample
If arrested, you’ll likely be asked to take a breathalyzer test. Before agreeing to provide a breath sample, you have the right to speak to an attorney. If this right is denied, it may provide a basis to challenge any potential driver’s license suspension.
6. Request to Speak to Your Spouse or Significant Other
While not a constitutional right, requesting to speak with your spouse or significant other before making a decision about the breath test can give you an advantage in challenging your driver’s license suspension if you’re denied this opportunity.
7. Should You Provide a Breath Sample?
The decision to provide a breath sample is complex and depends on factors such as whether you’re eligible for diversion programs. If this is your first DUI offense, providing a sample may be the best option. If you’re not eligible for diversion, refusing the test might be the best move. It’s crucial to consult with a lawyer for tailored advice.
8. Request a Blood Draw
You have the right to request a blood draw at your own expense. If the officer does not offer this opportunity, make sure to ask. If you are released from jail and not given the chance for a blood test, it could help challenge the suspension of your driver’s license later.
Being prepared for a DUI investigation can make all the difference in ensuring your rights are protected. Always remember to stay calm, invoke your rights, and consult with an experienced attorney.