The police can pull over any driver whether they have been drinking or not. In some cases, you may be at risk for a DUI charge. The charges you may face could depend on how you react in this situation. Your response could make your arrest way more complicated than necessary, here are a few things you can do to make your encounter less painful.
Although you may feel annoyed or stressed about law enforcement pulling you over, it is important to remain calm. Everybody knows, nothing good comes from being rude to a police officer, no matter how mad you are. If you show disrespect towards an officer, it may provoke them to make your situation more difficult. Do not argue with a police officer under any circumstances.
You should never be driving without your license and insurance documents. If you are unable to provide these for a police officer, you may face charges even if you are completely sober. Additionally, it is a good idea to have your documents easily accessible. By having your documents ready when a police officer pulls you over, it makes you look more competent and less likely to have been drinking.
Once the police officer pulls you over, they are going to ask you if you have been drinking. Most commonly, people assume it is best to play it down by saying they had a “little” or it was “hours ago.” This only gives the officer more probable cause to arrest you. Legally, you have the right to decline any answers, as the courts can use these against you at a later time. Of course, this may provoke the officer to arrest you, but it is better to admit nothing. This will help you build a stronger case in court.
It is likely that a police officer will ask you to take a Preliminary Alcohol Screening (PAS) test or a Field Sobriety Test (FST). These tests are not mandatory prior to arrest unless you are under 21 or are on probation for a previous DUI. Additionally, FST’s are difficult to pass even if you are sober. If you agree to these tests, you may be giving up important rights.
Once the police arrest you, you cannot refuse any type of testing by law. This includes blood tests and urine tests. If you try to refuse any testing, it could result in the suspension of your driver’s license and additional charges.
After you arrive at the police station, you can expect to wait several hours while your case is being processed. You will have your fingerprints and mugshot taken by an intake officer. Subsequently, an investigator or police officer will ask you questions regarding your suspected DUI. It is important to remember that these officers are trained in extracting information which may incriminate you. You have the right to have an attorney present to help you answer these questions, this will help when you have to appear in court.
You could be completely innocent of a DUI arrest and still end up with a conviction. DUI charges are a difficult process to navigate through on your own, it is advisable to contact an expert to simplify the process.