What to Do If You’re Pulled Over for DUI

A DUI stop alone, whether you were impaired or not, can have several serious consequences. Some of these include being charged with a DUI charge, the loss of your driver’s license if you refused to participate in a chemical test, and even possible additional charges based on your actions during and after the stop. The best way to minimize the damage if you are stopped for DUI is to understand your rights and obligations and handle the stop appropriately. Then, you’ll want to contact an experienced Florida DUI attorney right away.

Central Florida Criminal Lawyers Hatfield & Stack have extensive experience fighting for Florida criminal defendants, including those charged with driving under the influence and related crimes. To learn more about how we can help you after a DUI arrest, call 352-253-2250 right now, or fill out our contact form.

What to Do During a DUI Stop

When a police officer signals for you to pull over, whether for drunk driving or any other reason, you’ll want to be polite when you encounter members of law enforcement. Now it is normal to feel some trepidation when encountering a member of law enforcement, especially if you have been drinking. But don’t try to run and don’t do anything stupid. Failing to stop trying to evade police can make your situation infinitely worse.

Stop Your Car and Wait for the Officer

Pull your car over into a safe area such as the shoulder of the road and remain in your vehicle. Remember that getting out of your car can be perceived as a threat, and could escalate the situation. Instead, stay in the vehicle with your hands on the steering wheel so they are visible to the officer. Wait until you are asked for your license, registration, and proof of insurance. It’s a good idea to keep your registration in an easily accessible place in the vehicle so you won’t have to search for it. If you’re stopped at night in an unlighted area, consider turning on your interior light so the officer can see what’s happening in the vehicle.

Be Polite and Cooperative

Provide your license, insurance and registration when asked. Do not argue with the officer or offer explanations. If the officer instructs you to get out of the vehicle, do so, and make sure that you don’t make abrupt or unexpected movements.

Exercise Your Rights

While you want to be polite and cooperative with the officer, that doesn’t mean that you should waive your rights. When you answer law enforcement questions in any context, there’s a possibility that your words will be taken out of context and used against you. That’s especially true if you’re under the influence of alcohol or drugs and may not be thinking clearly.

You can avoid volunteering information and even decline to answer questions without being combative or violating the law.

You are Not Required to Take Field Sobriety Tests

Whether or not to participate in Field Sobriety Exercises is a complex and nuanced decision. There are pros and cons to both completing these exercises and refusing to do so depending on a variety of factors including but not limited to: whether you have been drinking, if you have how much you’ve had to drink, whether you have issues with balance, and many more. Said simply there is no way generic rule of whether or not someone should participate in Field Sobriety Exercises. But perhaps what is more important is to understand that a person can refuse to participate. That said, it is also critical to understand that if you refuse to participate in such exercises that decision can be held against you during a subsequent trial. It should also be mentioned that FSE or field sobriety exercises are not pass/fail tests. Instead they simply provide officers with indicators that an individual may be impaired. But regardless of whether or not you participate it is also worth knowing whether or not an arrest will be made is ultimately determined by an officer’s subjective judgment.