7 Rules When Pulled Over for a DUI

Being pulled over for suspicion of driving under the influence (DUI) can be a stressful and scary experience. But, what you do and don't do can have a big impact on the severity of your charge and the outcome of your case if you choose to argue the charge in court.

Here, our DUI attorney in Wilmington NC explains the seven rules when pulled over for a DUI.

What You Must Do

#1: Be Polite to the Officer At All Times

The job of a police officer is very dangerous, so these professionals are often already at a higher state of alertness whenever they pull a driver over because they don't know what to expect. Therefore, the last thing you want to do is be aggressive or argumentative with the officer. Respond to the officer's questions politely and show the proper respect and you'll be better off for it.

#2: Take the Breathalyzer Test

If you're pulled over on suspicion of driving under the influence, you are legally required to take a breathalyzer test at the police station. It is important to note that a breathalyzer test is different from the portable breath analyzers (PBTs) used by officers on the road. Failure to comply with the in-station breathalyzer test is a crime, and you don't want to do anything that might make your situation worse than it already is.

#3: Sign the Summons if One is Issued

If you are not arrested at the scene, the officer will probably give you a ticket and then you can expect to receive a summons a few days later. The worst thing you can do is ignore the summons or refuse to sign it. Make sure you sign it and return it before the posted deadline. Depending on your case, the summons may simply be an acknowledgement of your ticket, but it may also be a demand to show up at court.

What You Shouldn't Do

#4: Don't Take the Roadside Breathalyzer Test

The PBTs used by officers in the field are highly inaccurate and in most cases, they can't be admitted into evidence in a court of law. That is, unless your attorney chooses to argue the officer's probable cause to arrest you. Then, it may be allowed in and the results of this test can be terribly misleading. Therefore, you should never agree to do the roadside breath test.

#5: Don't Perform the Field Sobriety Test

Most drivers aren't aware that the field sobriety test is not legally required. You can choose not to take the test. The officer might try to convince you otherwise, but you have a legal right to refuse the test. You may still be arrested, but taking the test could hurt your legal chances.

#6: Don't Talk Unnecessarily to the Officer

When you're pulled over for a DUI, anything you say can be used against you. So, keep your mouth shut and only provide the information requested. If the officer asks you whether or not you've been drinking, respond “I have nothing to say officer.” Stay polite but be careful you don't say anything that can implicate you.

#7: Don't Drink and Drive!

The only way you can guarantee to not get pulled over for a DUI is to never drink and drive to begin with. This is a very serious charge that can negatively impact your life in a variety of ways. Don't drink and drive – it's as easy as that.

Were You Charged with a DUI? Call The Rodzik Law Group Today

If you were recently pulled over on suspicion of driving under the influence, contact The Rodzik Law Group today and we can help.

The sooner you meet with one of our attorneys, the quicker we can get to work and hopefully resolve your case to the best outcome possible. To get started, contact The Rodzik Law Group today at 910-762-1199 to schedule a free initial consultation. We're here to help, so call now!