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DUI - What to Do When You Get Pulled Over For Drinking and Driving

Published Friday, August 15, 2008 by bloggerblognet84084 | E-mail this post

If you were pulled over for a DUI, would you know what to do? While you should never drive while intoxicated, you likely know whether or not this could be possible in your future. If you drink, you need to know what to do if you get pulled over for a DUI.

The first thing that will happen when you are pulled over is the officer will ask you for your license and registration. By law you must provide these documents when asked. At this point, the officer will likely begin to ask you questions. This is where things get tricky.

You are not required to answer any questions. Under the Fifth Amendment of the Constitution, you have the right to remain silent if you think what you say will be able to incriminate you. However, the officer may make you feel as though you need to answer questions. You have no legal reason to do so. You can respectfully refuse to answer the questions you are being asked. Remember, slurring can be used as evidence that you are drunk, so remaining silent is a good choice.

Stay in your car unless asked to step out. If you get out without being asked, the officer will assume that you are dangerous. Chances are, though, that the officer will ask you to step out of your car to perform field sobriety tests. These are used to give the officer an idea of whether or not you are drunk. Most states do not have laws requiring you to perform these tests, so you can respectfully refuse.

One test that you cannot refuse, however, is the chemical blood alcohol content test. Your blood, breath, or urine can be tested for alcohol content. If you have driver's license, you have already implied your consent to this test. If you refuse to take it, you will be charged higher penalties for your DUI. This test can be performed on the scene using a breathalyzer or at the police station if you wish a blood or urine test performed. Many states allow you to choose the test, so you should know that a blood test tends to be the most accurate.

You may be tempted to refuse to take the chemical test if you know you are intoxicated. In most cases, this is a bad idea. You will automatically lose your license for test refusal in most states. Also, a positive test does not necessarily mean that you will be convicted in the end of a DUI. If you are considering refusing to take the test, talk to a DUI lawyer first to find out what is the bets course of action for your unique situation.

Do you need to know the Consequences of Drinking and Driving or did you get a DUI? We have DUI laws for every state in the country including California DUI and Florida DUI laws.

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