What you should do if stopped for suspicion of DUI

How to Handle a DUI Stop.

“What should I do if I’ve been drinking and I get stopped?” Here are a few very simple rules you should follow to minimize your chances of being charged with, or convicted of, DUI.

Pull over as soon as it is possible to do safely. If an officer stops your vehicle he has already decided you have done something wrong. He is now engaged in the process of gathering evidence against you and is looking for unusual reactions. Find the nearest place to pull over safely and do so.

Have your license, registration and proof of insurance ready and present them to the officer when asked. It is a good idea to have all these documents in one place so that they are easily accessible. You are not under any obligation to provide any additional information to the officer and should not do so.

Do not admit to drinking, speeding or anything else. Be polite, but avoid discussions with the officer as these are opportunities for the officer to hear slurred speech or detect the odor of alcohol coming from your breath.

Do NOT take any roadside sobriety tests. The most common thing I hear from clients is “I passed the tests, but he arrested me anyway.” Here’s where I’m going to give away the big secret. Nobody ever “passes” the tests. They are designed to use as evidence against you and any small discrepancy will be marked down as proof of your intoxication. On the other hand, “passing” the tests will not save you from being arrested for DUI. These tests are voluntary. You are not required to perform them and you should NEVER agree to take them (no exceptions!).

Do NOT take a Portable Breath Test This is different from the breath test at the police station. Portable breath tests (PBT) are notoriously inaccurate and, in Washington, are not admissible in court for any purpose. On the other hand, the results can be used to support probable cause to arrest. Thus, the result of a PBT cannot help you, but it can definitely hurt you. Like the roadside sobriety tests, this test is voluntary and you should NEVER agree to take it.

Exercise your right to remain silent. It is absolutely true that “anything you say can and will be used against you.” It is unlikely that you will say anything that will talk the officer out of arresting you. Instead, the officer will note everything you say in a way that supports a decision to arrest.

Always call an attorney before deciding whether to take the breath test at the police station. Like the roadside sobriety tests, PBT and whether to answer questions, the decision to take a breath test is “voluntary.” However, if you refuse the breath test at the police station you may could lose your license for a year or more. Unlike the other tests there are a number of factors to consider with an attorney before making a decision how to proceed. An attorney will discuss the reason for the stop, what evidence might have been obtained during the arrest, how much you have had to drink, any prior DUIs, any special licensing or employment issues, and anything that may be relevant. A good DUI attorney will then be able to advise you on how to proceed. (Please do not call your family or business lawyer if this person does not practice DUI defense. Call a DUI lawyer or the on-call public defender as it is crucial that you get advice from someone who knows DUI cases and the current issues relating to DUI defense in your area.

Following this advice will greatly increase your chances of beating your DUI case. Of course, the only absolute way to avoid a DUI conviction is to never drive after drinking or taking drugs.