What To Do if You Are Pulled Over for a DUI

More than a million motorists in the U.S. are jailed each year on charges of driving under the influence. They face harsh penalties, from jail time to the loss of driving privileges to the loss of a job.

The average cost of a first DUI arrest is an estimated $10,000, including court costs and legal fees, says Jonathan Blecher, a Miami, Florida criminal defense attorney. More important than the financial cost is the danger of driving while impaired. About one in three traffic fatalities involves an impaired driver, according to the National Highway Traffic Safety Administration (NHTSA).

“The first advice I give people is don’t drive drunk,” Blecher says.

With a good legal defense, you can avoid some of the most severe consequences of a drunk driving arrest. If you get pulled over for a DUI, talk to an experienced DUI defense lawyer for legal advice.

Pull Over for a Traffic Stop and Don’t Panic

Law enforcement can pull over a driver for committing a traffic violation, including speeding, swerving, or failing to signal. What should a motorist do when flashing blue-and-red lights appear in the rearview mirror?

While it may seem obvious, it’s important not to panic and try to flee, says Daniel R. Aaronson, a criminal defense lawyer at Benjamin, Aaronson, Edinger & Patanzo in Fort Lauderdale.

“Comply immediately and pull over to the side of the road,” Aaronson says.

Remember Your Rights and Be Polite to the Officer

After pulling over, don’t forget the right to remain silent. In Blecher’s opinion, “Anything you say to the officer is somehow going to be twisted against you.”

Robert Reiff, a Miami, Florida-based DUI criminal defense lawyer, agrees that silence is key to a good defense. “Don’t say anything or do anything. It will be used against you in court,” he says.

“You should be polite, but do not volunteer information,” says Deandra M. Grant, a criminal defense attorney with offices in Dallas, Fort Worth, Denton, Allen, Waco, and Austin. “Most people’s mistake is answering a bunch of questions and not realizing the officer is investigating you. People hurt their cases more because they won’t shut up. You have the right to remain silent, and you should use it.”

Readily provide the required paperwork — a driver’s license, vehicle registration, and proof of insurance.

Deciding Whether To Take the Field Sobriety Tests or BAC Tests

All three Florida-based DUI defense attorneys advised against doing the standardized field sobriety tests (FSTs) because the pass-or-fail results depend on the law enforcement officer’s opinion.

According to Mark Thiessen, a Houston, Texas-based attorney who focuses on DUI law, you are not required to take a breathalyzer or field sobriety test. He recommends accepting the former and declining the latter. “Take the breath test, even if you aren’t sure if you’re drunk. The breath test is a hunk of junk, and it is easier to beat in court than a blood test.”

However, it’s important to note that attorneys’ views on whether or not to take breath tests vary depending on the state. In some jurisdictions, it makes sense to undergo testing, given the DUI laws. There is no one-size-fits-all answer for every state.

Declining the Field Sobriety Test

So why decline the field test? Thiessen says it consists of “abnormal coordination exercises that you’ve never done before, and it’s almost guaranteed you are going to fail.”

Sure, he says, some people walk a straight line in their day-to-day life, such as gymnasts and roofers, “But none of them have to do it heel touching toe, and keep their arms at their sides and looking down and not at the horizon.”

As for the one-leg stand? “Even the Karate Kid got to raise his hands for balance.” Thiessen adds: “If they are so easy and normal, why don’t they make sure we can do these to drive in the first place?”

Weighing the Pros and Cons of Refusing the BAC Test

You can also refuse to take a blood alcohol content (BAC) breath test. However, under state implied consent laws, there are penalties for refusing.

In many states, a driver’s license suspension is automatic for one year for refusing a breathalyzer test. You can request a hardship license to drive to and from work. Most of those requests, which must be made within a limited time of an arrest, are granted in first-time DUI cases, Blecher says.

In some counties, drivers arrested for the first time on DUI charges can apply to prosecution-diversion programs. “For first offenders, the realization is that people who made one mistake should not be stigmatized for life,” Blecher says.

Different DUI/DWI Charges

Drunk driving laws vary by state. States may refer to drunk driving as driving under the influence (DUI), driving while intoxicated (DWI), or operating under the influence (OUI).

For example, Texas has DUI and DWI, but they are for different charges. DUI applies only to drivers under 21, says Thiessen. “Texas has a strict no-drinking policy for drivers under 21.” For those drivers, any detectable amount of alcohol — on the driver’s breath or clothes or in the air from an open container in the vehicle — is an automatic Class C crime, like a speeding ticket or other moving violation. There is no need for further evidence, such as a sobriety test, to confirm DUI.

DWI (driving while intoxicated) is driving over the legal limit of .08.

Consequences of a DUI Conviction

The consequences of a drunk driving conviction are enormous, Grant adds. “Your insurance rates might be affected. There may be employment implications. If a company offers a car as part of your salary, you’re probably not insurable, and they may not hire you. If your career path leads to needing security clearance, you may have problems.”

In addition, she says, countries like Canada have strict laws about letting anyone with a DWI conviction into the country.

For all these reasons, your first call should be to an attorney with experience in handling DWI cases. “If none are available, find someone who has been to multiple seminars and knows the laws,” Thiessen recommends. “Look at their training. Do they know the science? Ask if they can explain the science of blood and breath testing. If they can’t explain it to you, they will never explain it to a jury.”

Grant adds that many people believe a charge of DWI is an automatic win for the prosecution. Not true, she says. “We win a lot of cases.”

Find an Experienced DUI Lawyer

If you are charged with a DUI, speak with a criminal defense lawyer with experience in DUI charges as soon as possible. Many law offices provide free consultations for attorneys to learn about your case.

Search the Super Lawyers directory to find an experienced DUI lawyer in your area.