Follow These Steps and Hopefully Avoid a DUI
A DUI charge is something anyone can face. Many people are unsure how to handle the situation if they are pulled over for suspected impaired driving. Following these steps can help you protect your rights. It’s also essential to consult an experienced DUI attorney. The attorney at Pike Law can help.
Step 1: Pull Over Calmly and Safely
It’s important to pull over calmly and safely when signaled to stop. Use your turn signal, pull over immediately, and come to a complete stop. Remember that everything from the moment you are first noticed is being recorded, including your driving behavior.
Step 2: Be Polite and Respectful Interactions
Make sure to be polite and maintain respectful interactions with the officer. They are likely being recorded on video and audio. Stay calm, address the officer as “sir” or “ma’am,” and avoid becoming hostile or aggressive. Being rude or confrontational can reflect poorly on you and may be used against you.
Step 3: Do Not Admit to Drinking
Never admit to drinking while you are driving. You are required to provide your name, driver’s license, registration, and insurance details, but you are not obligated to answer any incriminating questions, such as “How much have you had to drink tonight?”
It is in your best interest to remain silent and avoid admitting to drinking. Any admission could be used against you in court.
Please note that admitting to drinking is problematic because it lacks context. The officer won’t ask follow-up questions about the type, quantity, or timing of alcohol consumption, or whether you ate. In Pennsylvania, it’s legal to have a drink and then drive—what’s illegal is driving while intoxicated. If you do admit to drinking, provide specifics about the type of alcohol, the time you drank, and whether you ate.
Step 4: Do Not Submit to Field Sobriety Tests
You do not have to submit to field sobriety tests. While you are required to step out of your vehicle if asked, field sobriety tests are voluntary, and you should refuse them. Simply state, “My lawyer advised me never to take these tests.”
These tests are difficult to pass, even for sober individuals, due to their specific nature. Medical conditions, such as diabetes or neurological disorders, can make passing these tests nearly impossible. A breathalyzer test is not the same as a field sobriety test.
Step 5: Submit to the Breathalyzer Test
Consenting to take the breathalyzer is almost always in your best interest because the penalties for refusal can be severe. They are far more accurate than field sobriety tests.
Refusing a breathalyzer or blood test could lead to you losing your license for a year, even if you’re not guilty of DUI. If you are guilty of DUI, you may lose your license for two and a half years, depending on your BAC level at the time of testing.
If you have a previous DUI conviction, you’ll lose your license for 18 months for refusing the test and another 18 months for the DUI.
Step 6: Remain Silent After Arrest
If you are arrested and placed in a police cruiser, avoid making any statements, as the vehicle may be equipped with cameras and microphones. Everything you say may be recorded and used against you.
You have the right to consult an attorney at any point during the interaction. Seek legal advice as soon as possible to protect your rights.
Contact Attorney at Law, John B. Pike For Help With Your DUI
The need to talk to an attorney arises the moment the police stop you. We know that you may be pulled over at any time of the day, which is why you shouldn’t hesitate to contact The Law Office of John B. Pike at 570-288-7780.