By /

Pulled Over for a DUI? What You Should—and Shouldn’t—Do

Getting pulled over for a DUI is a high-stress situation with serious consequences. Whether you’ve had a drink or not, how you handle the stop can significantly impact the outcome. Knowing your rights and the right steps to take can make a difference. Here’s what you should and shouldn’t do if you’re pulled over on suspicion of driving under the influence.

🚦 What You SHOULD Do

1. Pull Over Safely

As soon as you see the flashing lights, slow down and pull over to a safe location. Use your turn signal, park properly, and stay in your car with your hands visible on the steering wheel. Avoid any sudden movements that may raise suspicion.

2. Be Polite and Cooperative

Always remain calm and respectful when speaking to the officer. Being rude or argumentative can make things worse. However, cooperating doesn’t mean you have to give up your legal rights.

3. Know Your Right to Remain Silent

You must provide your driver’s license, registration, and proof of insurance. Beyond that, you have the right to remain silent. If the officer asks if you’ve been drinking, you can politely decline to answer, saying:

“I prefer not to answer any questions without an attorney present.”

4. Understand Field Sobriety Tests Are Optional

Officers may ask you to perform field sobriety tests (e.g., walking in a straight line, standing on one leg). These tests are voluntary in most states, and you can politely refuse. They are often subjective and designed to build evidence against you.

5. Know the Risks of Refusing a Breathalyzer

  • Roadside Breath Tests (Preliminary Breath Test – PBT): You may have the right to refuse this test without immediate penalties.
  • Official Breath/Blood Tests (Post-Arrest): Under implied consent laws, refusing this test after an arrest can result in automatic license suspension and other penalties, even if you weren’t over the limit.

6. Contact a DUI Attorney ASAP

If you’re arrested, the best thing you can do is call a DUI attorney immediately. They can review your case, check for legal defenses, and fight to reduce or dismiss charges.

🚫 What You SHOULDN’T Do

1. Don’t Admit to Drinking

Anything you say can be used against you. If the officer asks, “Have you been drinking?” do not admit to it. Even saying, “Just one drink” can be damaging in court.

2. Don’t Argue or Resist Arrest

Even if you believe the stop is unfair, do not argue, resist, or refuse to exit the vehicle. Resisting can lead to additional charges. Stay calm and let your lawyer challenge the case later.

3. Don’t Assume You Have No Defense

Many DUI charges are beatable, especially if:

  • The officer had no probable cause for the stop.
  • The breathalyzer was faulty or improperly used.
  • The field sobriety tests were unfair or inaccurate.

4. Don’t Discuss Your Case with Anyone

After your arrest, do not post about it on social media or discuss it with friends. Everything you say can be used as evidence against you. Only speak to your lawyer.

🚨 Final Thoughts

A DUI stop can be overwhelming, but knowing your rights and the right steps to take can protect you. Stay calm, don’t admit guilt, and contact a DUI defense attorney as soon as possible.

⚖️ Facing DUI charges? Contact Bourlon and Davis P.A. for expert legal guidance and defense.

Scroll to Top