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7 Tips For a DUI Stop

By: Robert Thomson Click author's name for more of his/her articles

If you're ever stopped by the police, you need to be aware of your rights. You have to know what to do and say to make the best of the situation. Here are 7 tips for you to consider if you're ever suspected of driving under the influence of alcohol.

1. Shut up. I hate to be harsh, but sometimes people only listen to blunt words. Shut up. You have the right to remain silent, even though the officer doesn't have to inform you of your rights. You don't have to respond to his questions. And any responses you do give (or spontaneous statements you make) will be used against you. Yes, the officer will make notes about what you say. It will be used in court. So just don't talk. You have to provide your name, driver's license, registration, and insurance card, but that's it. No more talking.

2. Be polite. This might seem contradictory to the first tip, but it's not. You can politely keep quiet. You can politely say "I choose not to answer any questions until I speak with an attorney."

3. Ask if you can leave. The police can stop you if they suspect that you have broken the law. But this type of stop is very loosely regulated. They do not have to advise you of your rights to keep quiet and to have an attorney. This is where many people talk too much and get themselves into trouble. If you ask if you are free to leave the scene, the officer must tell you. If you are free to leave, do so. If you are not free to leave, say "I want an attorney." The officer must stop asking you questions until you have an attorney present.

4. You can refuse field sobriety tests. Field sobriety tests are excercises like touching your finger to your nose, saying the alphabet, and walking in a straight line. You are not required to perform these tests. If you think they will provide evidence against you, you should politely refuse to do them. In fact, these tests are highly subjective, and sober people can end up "failing" in the eyes of the officer.

5. You can refuse the field breath test. Cops carry hand-held breath test devices that they bring out during traffic stops. You can refuse to blow into it. This device is used to see if the officer has probable cause to arrest you. If your breath alcohol level is high enough and it registers on the hand-held device, probable cause is in the bag. The reading from this portable machine cannot be used against you at your trial because they are not reliable enough. Do you want any part of your future hanging on an unreliable machine?

6. You cannot refuse the police station breath test. If the officer decides to arrest you, he will take you to the station for a breath analysis. This breath test machine has a printer hooked up to it, and you'll be asked to blow into a long tube. You cannot refuse this test. By having a Virginia driver's license, you have already consented to this test. If you get to this point, do what the officer asks. But still keep quiet.

7. Don't drink and drive. You knew this was coming. Didn't you? The best way to avoid a DUI conviction is to not drink and drive.

Article Source: ABC Article Directory

About The Author: Andrew Flusche is a Virginia DUI lawyer who vigorously defends people using every available technique. Andrew offers free consultations on all matters, and he has many informative articles available at www.andrewflusche.com.