Being pulled over for suspicion of driving under the influence is a serious matter that requires careful handling to protect your rights and ensure the best possible outcome. Understanding the dos and don’ts during a DUI traffic stop can make all the difference in how your case unfolds.
Stechschulte Nell Law explains what it means to be pulled over for suspected drunk driving and how best to protect your legal interests in such circumstances.
What Leads to a DUI Traffic Stop
Typically, the police have the authority to make a traffic stop if they have a reasonable suspicion that a traffic violation or a crime is in progress. This same line of thought applies to DUI traffic stops. Officers habitually look out for erratic driving actions which are indicators of possible impairment such as:
- Speeding or driving too slow
- Swerving
- Not maintaining a single-lane
- A cracked windshield
- Not coming to a full stop at a stop sign
It’s entirely normal to experience feelings of nervousness when pulled over. However, understand that these perfectly human reactions can be misinterpreted as indicators of intoxication. Not everyone handles the stress of a DUI stop equally.
Note: Some individuals, due to their inability to cope with the stress of the situation, may display behaviors that officers interpret as signs of driving under the influence.
Managing the Initial Conversation with the Police Officer
During an initial interaction with a police officer, your conduct and ability to communicate effectively can significantly impact how the situation unfolds. Like any other critical conversation, your aim must be to keep the exchange brief, polite, and to the point.
In the case of a DUI traffic stop, you should immediately turn off your vehicle and place your hands visibly on the steering wheel as the officer approaches. This action demonstrates cooperation and respect for the officer’s safety, setting a positive tone for your interaction.
Your Rights During a DUI Traffic Stop
Many drivers are unaware of their rights during such stops, which can sometimes lead to problematic outcomes.
- You can invoke your Fifth Amendment right to remain silent and not incriminate yourself. You’re not obligated to answer any potentially incriminating questions like “Have you been drinking?” Instead, politely inform the officer that you choose not to answer.
- You can refuse consent for your vehicle to be searched. In order not to escalate the situation, you must exercise this right verbally. Remember, maintaining a respectful demeanor is crucial during these interactions.
Your defense becomes considerably stronger if the police officer has failed to comply with the proper protocols. Sometimes, the evidence obtained from a traffic stop lacking probable cause can be challenged in court.
If you’re unsure about the validity of your traffic stop or require advice regarding potential defenses, it’s beneficial to seek legal support. Contact us today for a FREE consultation.
A Note About Refusing a Breathalyzer Tests
Refusing a breathalyzer test can have serious implications. It’s a decision that requires a careful weighing of the potential risks and benefits. The refusal could save you from a DUI conviction if your blood alcohol concentration was indeed over the legal limit. However, it could also lead to even more severe punishment under the implied consent law.
Police officers can use your refusal against you in court as an indication of guilt. Moreover, refusal results are often seen as admissible evidence, carrying the implication that you knew you were intoxicated and, therefore, didn’t agree to the test. This refusal can often lead to an automatic license suspension irrespective of the court’s decision.
That said, the law also protects you from unlawfully administered tests. Any inconsistencies in the breath test’s administration could potentially lead to the exclusion of the result as a piece of evidence. This is one of the reasons why having a skilled DUI defense attorney on your side is essential.
How We Challenge DUI Traffic Stops
One way we challenge DUI traffic stops is by examining the legitimacy of the initial stop itself. If it is found that the stop was made without reasonable suspicion, any evidence obtained during the stop may be deemed inadmissible in court.
Additionally, we closely analyze the field sobriety tests administered by police. These tests are not always accurate indicators of intoxication and can be influenced by various factors such as weather conditions, physical disabilities, or nervousness.
We can also investigate whether proper procedures were followed during the DUI arrest process. Any deviation from standard protocols or failure to inform suspects of their Miranda rights could result in evidence being suppressed or charges being dismissed.
Ultimately, our goal is to scrutinize every aspect of a DUI case to ensure that our client’s rights are protected and that they receive fair treatment under the law.
Read More > Challenging DUI Traffic Stops: Defense Strategies
Contact Stechschulte Nell Law
Being pulled over for suspicion of driving under the influence can be a stressful experience, but it’s important to remember that you are not alone in facing the legal consequences. We are dedicated to providing the support and guidance you need during this challenging time.
Our attorneys at Stechschulte Nell Law understand the complexities of DUI cases and will work tirelessly to advocate for your rights and help you navigate the legal system. Don’t hesitate to reach out to us for a FREE DUI case review today at 813-280-1244.
