3 Tips To Protect Your Rights During A DUI Stop

Are you concerned about what you should do if you're ever stopped for suspicion of DUI? It's a legitimate concern. It doesn't take much to lead to a DUI conviction. Even a few drinks over dinner could be enough to push your blood alcohol level above the legal limit. While it's never advisable to lie to a police officer, there are steps you can take during the DUI stop to protect your rights and build a foundation for your defense. The police officer will start collecting evidence as soon as he or she pulls you over, so it's helpful if you take steps to protect yourself. Here are a few tips to keep in mind should you ever be pulled over on suspicion of drunk driving:

Don't incriminate yourself, but also don't be dishonest. The police officer will almost definitely ask you whether you've been drinking. If you say yes, that information could be used as evidence against you. However, you also don't want to lie and tell the officer no if in fact you have been drinking. If the police discover that you lied, that could also be used against you in court.

Instead, consider politely telling the police officer that you won't be answering any questions until you speak with an attorney. Also let the officer know that you won't be performing any field sobriety tests. The officer will likely take you back to the station so you can call an attorney, who will instruct you on how to proceed.

Watch your behavior and your body language. Remember that during your entire interaction the officer can interpret almost anything you do as evidence that you are intoxicated. This includes your speech, body language, and behavior. Keep this in mind and be conscious of your appearance. If you hang your head because you're tired, the officer could interpret that as you being drunk and on the verge of passing out. They could interpret your speech as being slurred, even if you're making small talk. If you are argumentative, they could say that your behavior is fueled by alcohol.

Maintain a professional and friendly demeanor and avoid any unnecessary conversation. Also, try to limit signs of being tired or any other body language that could indicate that you're intoxicated.

Record the interaction. You have the right to record the conversation with the officer on your cell phone. However, you should let the officer know in advance that you are recording. The benefit to recording is that you have documentation of your speech, behavior, and interaction with the officer. If the prosecution says that your speech was slurred or that you were aggressive with the officer, the recording could show otherwise. It may be the only evidence you have to prove your innocence.

As soon as you are able to after a stop, you may want to call a DUI attorney. They can instruct you on how best to interact with the police and how to proceed with your defense.


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