What to Do if Stopped For a DUI

Driving after drinking alcohol can cause a lot of stress and get you in a lot of trouble.

Here's an overview of how to convert a problem into an opportunity to get out of trouble.

First of all, DUI cops generally do not stop you for doing nothing.

So if your car's equipment is completely operable and you don’t violate any traffic laws, how can the cops still get you?

Answer: Trap you at (an otherwise avoidable) Drunk Driving / License Checkpoint.

Yes. You can drive around DUI checkpoints if you first compare your anticipated driving route with a reliable publication listing the locations of drunk driving checkpoints.

If a police officer activates his lights or siren, pull over promptly, in a safe manner. Put down your window. Place your hands on the vehicle's steering wheel.

If you are stopped by a DUI cop, get your driver's license, automobile registration and proof of insurance ready. Put them on your visor or top of your glove compartment. If asked, these 3 items you usually have to give to any requesting cop.

Now here's the really important thing - do not engage in any conversation with DUI officer. (He's just trying to gather information to convict you.)

Firmly but politely tell them that as much as you would love to talk to them, you have been advised by counsel not to. (Remember: you have the right to remain silent, privilege against self-incrimination and right to an attorney).

In most states, you only need to submit to "One Test", the Implied Consent chemical test. This is commonly the large breath test machine, a urine test, or a blood test. Choose a urine test. If no urine test is available, choose a breath test. Choose a blood test if the others are not options. Do not do two tests unless you are unable to complete the first one.

Before your chemical test obligation, there's another thing to avoid: FST's. The DUI cop will suggest you have to do some field coordination tests. Yes, you've heard about these acrobatics or gymnastics called Field Sobriety Tests. But you’ve never tried them; don't try them now. If he persists, kindly remind the DUI cop you do not wish to do any eye or field exercises. (You are not required to perform FST's so do not do them.)

A DUI cop will probably try to get you to take a small breath test. This is usually a portable gadget he wants you to blow into. Please do not take this Preliminary Alcohol or Breath Screening Test (aka a "PAS" or "PBT"). A PAS/PBT is supposed to be the required Implied Consent test but you can ask to make sure it is not.

You should receive paperwork regarding your court date and driving privileges. A DUI criminal defense attorney will contact the licensing agency and preserve your rights.

About the Author:
Rick Mueller is a Top-Rated San Diego DUI Lawyer specializing in Drunk Driving, DUI & DMV Defense, and has been practicing law since 1983. For more information about Rick, please visit www.sandiegodui.com