Know Your Rights During DUI Stops

Of course the obvious is: if you're drunk, don't drive.  However, this is the real world, and you don't necessarily have to be "drunk" to be arrested and found guilty of DUI. Because of the many victims of DUI, we have become almost overly-paranoid about drinking and driving, and virtually any amount of alcohol in your system makes you a candidate for a DUI. You may assume that because you drink and drive in a relatively responsible manner that the label of "drunk driver" will never be attached to your name. You could be very wrong. 

No matter how conservatively you drink, most people do not realize how few drinks it takes to exceed the legal standards of .08% blood alcohol content. For an average-sized person, even three beers could place you over the limit and label you as a drunk driver. Even more alarming, based solely on a police officer's claim that you were "impaired" even if your BAC was below the legal limit, you may still be convicted as a drunk driver. Aside from avoiding drinking and driving altogether, what are your rights if you are stopped for a DUI?

Why Would I Be Targeted?

First and foremost, police officers need an excuse to stop your vehicle and they must have some probably cause to justify the stop. Quite honestly, however, they can always come up with an excuse, given that having a dirty license plate is considered a violation. The more obvious violations police will use are: speeding, failure to use signals, having a burned out light, tinted windows, loud exhaust pipes or even a cracked windshield. 

When Might I Be Stopped?

Your chances of being stopped go up considerably during "bar time," or soon after the bars close. Police are also looking for DUI offenders after festivals, sports events, wedding receptions or company parties. If you are leaving any festivities such as these make sure your vehicle is well maintained and does not stand out in any way, and move with the traffic. 

I've Been Stopped--What Do I Do?

If, despite your best efforts a policeman has found an excuse to stop you and you have been drinking, even if it is not in excess, make sure your registration and insurance are readily accessible, and pull over immediately. Keep your hands clearly visible, and be courteous, but admit to nothing. If the officer asks if you've been drinking, either ask, "would you like to see my license?" or say, "why do you ask?" Do not, under any circumstances admit to drinking so much as one beer. Your admission gives him cause to pursue the matter further. If he asks you to step out of your vehicle, do not perform any of the tests--there is no penalty for refusal.

Keep in mind that no one ever "passes" a roadside sobriety test, not even the sober. If the officer persists in forcing you to take a Breathalyzer or blood test and the results show you have been drinking, you must immediately retain the services of an experienced DUI attorney. This step can make the difference in whether or not you are convicted.