DUI Stop – Do’s and Don’ts if You are Stopped.

DUI Stop - What you need to know.

Unfortunately very few people know what they should and should not do or say if they're stopped by a police officer - especially if they have had a drink or two.  Here are some tips for you.

The Stop

  • Pull over immediately and use your turn signal, have your license, registration and proof of insurance easily accessible, not buried under a bunch of papers in your glove compartment, so that you can have those papers ready before the officer comes to the car.
  • If you have any alcohol containers or anything else incriminating, try to cover them up or hide them before the officer even gets out of his car.
  • If you're wearing sun glasses, take them off.

When The Officer Approaches

  • Lower your window only enough for you to pass your paperwork through to the officer!  You are not required to fully lower your window.
  • Say as little as possible!  Never admit to consuming alcohol or some other substance!  Avoid chit chat as anything you say will be construed against you.
  • Keep your hands visible, preferably on the steering wheel.
  • At all times be polite but do not allow yourself to be pushed around as you have rights, too.
  • Look at the officer when you are talking to him.
  • You are obligated to fully identify yourself but nothing beyond that.

The Exit Order

  • Do not touch any part of your car when you are getting out of it.
  • Ask the officer why you are being forced to get out of your car.
  • Never agree to do any roadside exercises!  These are designed to fail and only help the police develop probable cause to arrest you.
  • You are not required to do any of the roadside exercises:
    1. Horizontal Gaze Nystagmus / Vertical Gaze Nystagmus (eye exercises)
    2. Counting Exercise
    3. Fingers to Nose Exercise
    4. Walk and Turn
    5. One Leg Stand
    6. Preliminary Breath Test.
    7. Never take the Preliminary Breath Test even if the officer threatens to arrest you if you don't do so!  You are not required to provide this test.
  • Never allow the officer consent to search your car or anything in it including backpacks or suitcases.
  • Do not lean on your car at any time during your interaction with police.
  • Firmly but politely ask police - more than once if necessary - if you are free to leave.

Summary

If you follow these simple steps it will make it much harder for the officer to arrest you for driving under the influence.  It will also make it much easier to successfully defend your DUI case.