5 Things to Do When Pulled Over for a DUI

It's not going to be a fun experience when you've had a few too many to drink and the flashing red and blue lights appear behind you.  If you follow these 5 steps, however, you'll put yourself in a much better position.

1. Pull Over Immediately

The officer is pulling you over for a (hopefully) legitimate reason.  This reason could range anywhere from swerving all over the road and endangering those around you to a simple tag light being out.  Either way, the best response is to pull over to the nearest safe spot.  This will show a couple of good elements when you get to court: you immediately responded appropriately to the officer and there was critical thinking that allowed you to find the best spot to park.  Unsurprisingly, this is the first criteria for which the police are looking.

2. Obey Lawful Commands

Once the officer runs your information, they are going to ask for license and registration and possibly insurance.  Hand them over to the officer.  He is entitled to your documentation and he has effectuated a traffic stop, which means that he is detaining you and you are not free to leave.  

Secondly, the officer may ask you out of the car at any point during this traffic stop.  You are required to get out of the car pursuant to Pennsylvania v. Mimms, 434 U.S. 106 (1977).  The gist is that officers, for their own safety, can order occupants out of the vehicle without additional cause.

3. Politely Decline

The officer is going to ask you if you had been drinking/smoking and then is going to ask you to do Standardized Field Sobriety Tests ("SFSTs").  You have the absolute right to decline to answer and to decline to do the tests.  Exercise your rights to remain silent and politely tell the officer, "I wish to have an attorney before I answer your questions."  Then you, if allowed, call Christian Hartman with Hartman, Attorneys at Law or your attorney if you have one already.

The fact is that the SFSTs are considered a "search" under the Fourth Amendment to the Constitution, so you are well within your rights to not consent to them and it's always a good idea to have an attorney with you whenever the police are involved.

4. Call an Attorney

You are going to be arrested and taken to the station to do a breathalyzer test.  There are pros and cons to doing the breathalyzer test.  If you are not impaired, the breathalyzer would show that you maybe only had half the legal limit (.08).  But if you were mistaken, that one test could become the hardest thing for you to fight.  Additionally, you have a commercial driver's license, a refusal can cost your your CDL for 1 full year or more depending on your record.

Your best best is to call a DUI attorney who can give you real time advice on what you should do in that situation.

5. Remain Silent

As stated above, you are going to be arrested.  Generally, you aren't going to be read your Miranda rights after a DUI arrest because they have no interest in interrogating you, but that doesn't mean that your statements can't be used against you.  Anytime you blurt something out or tell an officer something that they didn't ask you for, it can be used against you as evidence.  Nowadays, with body worn camera a near requirement for most MD jurisdictions, whatever you say is going to be recorded.  Do your best to remain silent and your silence will not be used against you.

Conclusion

You are already going to be in a difficult spot if you're being pulled over.  If you follow these tips here, you're going be in a much better spot then if you did the opposite.  If you are pulled over, call Christian Hartman here at Hartman, Attorneys at Law to make sure that you get the best possible outcome.