The Do’s and Don’t’s of a Traffic Stop When You’ve Been Drinking

It’s 2 a.m. You are almost home. In your rearview mirror, you see the flash of police lights. Unfortunately, you’ve had a few drinks.

What should you do?

First, pull over where it is safe. Put on your hazard lights.

Don’t Roll Down the Window All the Way

When the officer approaches your car, roll down the car window just an inch or two. Why? You do not want to give the opportunity to detect any odor of alcohol.

When asked for your license, registration and proof of insurance, give them to the officer through the crack of the window. Remember, if the officer smells alcohol you will be arrested.

At this time, the officer may just write you a citation or may ask if you’ve been drinking.

Do Ask to Speak to a Lawyer

Before you answer any questions, ask to speak to an attorney. The officer most likely won’t allow you to do it however, you should firmly state that you will not answer any questions without talking to an attorney.

After all, what is more American than asking to speak to an attorney?

Don’t Take Field Sobriety Tests

You should refuse to take any roadside tests. Officers administer these tests to establish probable cause to arrest you. In other words, you are giving the officer ammunition to use against you.

At this point, the officer may arrest you on suspicion of DUI. Make no statements. If you refuse to take the breath test, you could face a license suspension of 120 days. For a subsequent offense, you can lose your license for one year.

Firmly state that you would like to speak with an attorney before answering any questions. I am on call 24 hours a day and I will come down to the police station and personally give you a breath test before you make a decision about taking the police-administered test.

Hire an Experienced DUI Attorney

If you find yourself facing a DWI/DUI charge, do not take it lightly. You need an experienced attorney who can guide you through what is designed to be one of the most anxiety-ridden and intimidating situations you will ever face. The circumstances require an aggressive legal defense that you must launch immediately. Choosing an attorney who understands drunk driving defenses can help you avoid or lessen some of the consequences of being stopped by police and charged with DUI/DWI.