Protecting Your Rights During a DUI Traffic Stop
Getting pulled over for a breathalyzer test or an initial DUI stop can be nerve-wracking. Your heart races and a million questions might run through your mind—What do I say? What should I do? Am I going to jail? Knowing your rights and understanding what to do in this situation can make a world of difference. Here’s a breakdown of what you need to know to stay calm and handle a DUI stop wisely.
Your Legal Rights
During a DUI stop, the law protects you in several ways—but you need to know those rights to use them.
Right to Remain Silent
You have the right to remain silent, meaning you're not obligated to answer questions that could incriminate you. For example, if an officer asks, “Have you been drinking tonight?” you are within your rights to politely respond, “I prefer not to answer.” Remember, anything you say can be used against you, so it’s often best to say less.
Right to Refuse Certain Tests
When asked to perform field sobriety tests or a breath test before an official arrest, you can refuse. However, keep in mind this could lead to immediate consequences like license suspension, depending on your state’s laws. These tests aren’t always accurate—they can be influenced by stress, medical conditions, or faulty equipment. Knowing the risks and benefits can help you make an informed decision on the spot.
Right to an Attorney
If you’re arrested, immediately request legal counsel. Having a lawyer by your side ensures that your rights are protected throughout the legal process. This step is crucial to avoiding costly mistakes that could impact your case later.
Do's During a DUI Traffic Stop
Your actions matter during a DUI stop. Following these tips can help you remain in control of the situation.
Stay Calm
No matter how stressful the moment feels, keeping calm is your best move. Calmness helps maintain a peaceful exchange with the officer and keeps you from making impulsive decisions that could hurt your case. Deep breaths can go a long way.
Provide Your Documents
You are required by law to hand over your driver’s license, registration, and proof of insurance. Keep these items easily accessible to avoid unnecessary fumbling, which could raise suspicion.
Exercise Your Rights, Politely
You can choose not to answer potentially incriminating questions or refuse certain tests, but always do so respectfully. A polite tone keeps the interaction professional and prevents further complications.
Don’ts During a DUI Traffic Stop
Equally important are the actions you should avoid. Missteps can escalate the situation or weaken your defense later.
Avoid Admitting to Drinking
Even an offhand remark like, “I only had a couple of beers,” can be used against you. Decline to answer questions about alcohol consumption altogether to avoid giving officers additional evidence.
Stay Composed—No Aggression
Rude or aggressive behavior could lead to serious charges like obstruction or resisting arrest. Stay respectful, no matter how frustrated or scared you feel. It’s in your best interest to de-escalate, not escalate the situation.
Never Consent to a Vehicle Search
Without a warrant or probable cause, the officer cannot legally search your car unless you give permission. Politely but firmly decline any requests to search your vehicle.
Understanding DUI Tests
If you're asked to perform field sobriety or breathalyzer tests, here's what to know.
Are Field Sobriety Tests Accurate?
These tests assess coordination and balance but aren’t foolproof. Medical conditions, lack of sleep, or even nerves can affect your performance. You can politely refuse to participate if you choose.
What About Breathalyzers?
Breathalyzers measure blood alcohol content (BAC), but they aren’t always reliable. Improper calibration or user error could lead to false results. Pay attention to how the test is conducted—if anything seems off, it could help your defense later.
Should You Refuse?
Refusing a test might result in penalties like license suspension, but it could also limit the evidence used against you. Consider your state’s laws and the potential impact before deciding.
After the Stop—What to Do Next
Once the stop ends, your next steps are crucial.
Document Everything
Write down every detail you can remember about the stop immediately. Include the location, time, what was said, and how the officer conducted the interaction. This information could be vital to your defense.
Get Legal Help
Dealing with DUI charges is overwhelming, but you don’t have to handle it alone. Every case is unique, and a skilled lawyer can guide you through the process, explore defenses, and advocate for the best outcome.
Why You Need an Experienced DUI Attorney
At Melowski & Singh, LLC, we specialize in defending DUI cases and protecting your rights. Our team has the knowledge and experience to help you build a strong defense, whether it’s challenging test results or negotiating reduced penalties. Your future is worth fighting for, and we’re here to help every step of the way.
If you’ve been charged with a DUI in Sheboygan, WI, don’t wait. Call us at (920) 294-1414 to discuss your case and start building your defense today.