What to Do if You're Pulled Over for a DUI
What happens when the blues and reds flashBy Janet Leiser | Reviewed by Canaan Suitt, J.D. | Last updated on September 5, 2023 Featuring practical insights from contributing attorneys Robert Reiff, Jonathan B. Blecher and Daniel R. Aaronson
Use these links to jump to different sections:
- Pull Over for a Traffic Stop
- Remember Your Rights
- Be Polite to the Police Officer, and Decide Whether to Take the Sobriety Tests
- Weighing the Pros and Cons of Refusing the BAC Test
- Finding an Experienced DUI Lawyer
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.
Then there’s the money.
More important than the financial cost, of course, 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.
“My first advice I give people is don’t drive drunk,” Blecher says.
Pull Over for a Traffic Stop
So 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 law firm in Fort Lauderdale.
“Comply immediately and pull over to the side of the road,” says Aaronson.
Remember Your Rights
But 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 “Bobby” Reiff, a Miami-based DUI criminal defense lawyer and author of “Drunk Driving & Related Vehicular Offenses,” agrees that silence is key to a good defense. “Don’t say anything or do anything. It will be used against you in court,” Reiff says.
Be Polite to the Police Officer, and Decide Whether to Take the Sobriety Tests
It’s important to be polite when the officer approaches as well as silent. Readily provide the required paperwork—a driver’s license, vehicle registration, and proof of insurance.
All three Florida-based DUI defense attorneys advised against doing the standardized field sobriety tests because the pass-or-fail results are based on the law enforcement officer’s opinion.
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 Florida, for example, a driver’s license is automatically suspended for one year for refusing a breathalyzer test. A hardship license to drive to and from work can be requested from the Florida Department of Motor Vehicles. Most of those requests, which must be made within 10 days of an arrest, are granted in first-time DUI cases, Blecher says. In Miami-Dade and Palm Beach 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.
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.
Finding an Experienced DUI Lawyer
If you have been 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.
Additional DUI/DWI articles
- What is DUI & DWI Law?
- Impact of a DUI on Your Life: The Wide-Ranging Consequences
- Should I Get a Lawyer for My First DUI Offense?
- Breathalyzer Tests for DUI/DWI: Frequently Asked Questions
- Field Sobriety Tests (FSTs): An Informative Guide and Your Rights
- DUI/DWI Testing Procedures
- How a DUI Is Proven
- Can I Refuse to Take a Breathalyzer Test?
- Can You Get a DUI in a Boat Without a Large Motor?
- Boating Under the Influence
- Can You Get a DUI When Riding a Bicycle?
- Is It Illegal to Drink and Drone?
- What Happens When You Get a DUI as a Commercial Driver?
State DUI/DWI articles
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