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Protecting Your Rights During a DUI Stop: Dos and Don'ts

Updated: Apr 12

Knowing your rights is extremely important when you're stopped by officers. Read the blog post below to learn the dos and don'ts during a DUI stop.

Do Remain Calm

During a DUI stop, it's important to remain composed when interacting with officers. Maintaining a cooperative demeanor can help to ensure a smoother interaction with law enforcement. It's crucial to note that remaining polite does not equate to waiving your rights; it simply helps to keep the situation from escalating unnecessarily.

Do Provide Basic Information

It is typically advised to provide basic identification and car documents, such as your driver's license, registration, and proof of insurance. If you fail to provide these documents during a stop, additional legal issues could follow. Beyond these basic requirements, you may exercise your right to remain silent and refrain from answering any further questions without the presence of an attorney. If an officer begins questioning you beyond your basic information or indicates that you are being investigated for a DUI, it is advised that you request to speak with legal representation.

Do Politely Decline Field Sobriety Tests

In most jurisdictions, field sobriety tests, such as walking in a straight line, are voluntary and are not required by law to be completed. These types of tests are often subjective and could be used as evidence against you. When prompted by law enforcement to complete a field sobriety test, it may be in your best interest to politely decline and assert your right to refuse them. Refusal of a field sobriety test could potentially result in a temporary detention, but it could also protect you from incriminating evidence being used against you in court.

Don't Admit to Drinking or Using Drugs

In the case that you are pulled over for a suspected DUI, you are not obligated to disclose drug or alcohol usage to the officer. It is important to avoid making any statements that could be interpreted as an admission of guilt. At this point of the arrest, you should politely decline to answer further questions and assert your right to remain silent, since anything you say can be used against you in court.

Don't Consent to Unnecessary Searches

As long as the law enforcement officer does not have a warrant or probable cause for a search, then you have the right to refuse consent for searches of your person, vehicle, or other belongings. Consenting to a search waives certain legal protections and could potentially result in the discovery of incriminating evidence. In this circumstance, it is advisable that you politely refuse to consent to an unnecessary search.

Don't Resist Arrest

If an officer ultimately informs you that you are under arrest, then it is important to follow their instructions calmly and respectfully. Even if you do not feel as though an arrest is justified, it's still essential that you cooperate with the officer and address your concerns after the fact. Resisting an arrest could lead to further legal consequences.

If you are arrested or charged for a DUI, it is important to seek legal representation. Contact Brinkley Law at 317-643-1813 for legal assistance!

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