Your behavior before and during a DUI stop can affect whether or not you are arrested.
It’s every motorist’s nightmare — you’re driving along, minding your own business, when suddenly, you see flashing blue and red lights in your rearview mirror. Perhaps you have had a drink or two. What should you do?
The choices you make in the seconds and minutes after you see those lights can have a major impact on whether or not you are arrested for driving under the influence of alcohol or drugs — and ultimately, on your life. Read on to learn what you should say and during during a DUI stop from an experienced Orange County DUI lawyer.
When You See the Lights
Once you notice the police car signaling you to pull you, the first thing that you should do is pull over as soon as it is safe to do so. Speeding up, attempting to avoid arrest or evading the police officer in any way will only make things worse.
Remember that pulling over is not an admission of guilt. It is simply acknowledging that you are paying attention to the road around you, and that you are complying with your obligation to pull over at the officer’s command.
Once you see a police officer’s lights, immediately pull over to the right side of the road. Be sure to comply with all traffic laws when doing so, including using your turn signal as necessary. Pull as far away from traffic as you can to protect the officer. Then put the car in park, roll down your window, shut off the ignition, place your hands on the wheel, and wait for the officer to approach. Keeping your hands on the wheel lets the officer know that you are not a threat and do not have a weapon, reducing the risk of the encounter turning violent.
Once You Are Stopped
As the police officer approaches your vehicle, remember to keep calm. Remaining polite and respectful can help you avoid being charged with the crime or given a traffic violation, so try to keep your cool during this stressful time. Keep your hands on the wheel, and do not reach for your purse, bag, or glove compartment to get your license and registration unless the officer instructs you to do so.
Throughout the encounter, remember that you have the right to remain silent. You should exercise this right. While you may believe that you can talk your way out of an arrest, this is rarely the case. Instead, the officer will likely use your words against you to make a case that you were under the influence. He or she will also be looking for obvious signs of intoxication, such as the odor of alcohol on your breath, slurred words or red, watery eyes. Politely inform the officer that you are exercising your right to remain silent, and hand over your identification as requested.
You also have the right to refuse to perform field sobriety tests in California, and unless you are currently on DUI probation or under the age of 21, you can refuse to take a roadside breathalyzer test. These tests can be used against you in court, and will not likely help to prove that you were not driving under the influence. However, if you are on DUI probation or under the age of 21, you will face additional penalties if you refuse to take a roadside breathalyzer examination.
Being smart and keeping your cool during a DUI stop can be critical to a positive outcome. Following these tips can help avoid an arrest, or can help you achieve a better result if you are charged with a DUI. If you have been charged, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work hard to defend you against all DUI charges in Orange County and the surrounding areas.
