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What Not to Do During a DUI Stop

Driving under the influence convictions can have major consequences; from fines to auto insurance rate hikes to probation for years to license suspension to the denial of professional licenses and a criminal record – the ramifications can be ugly. Those effects are the reason why we fight so hard to help people avoid convictions.

Aside from teaching people about what to do after a DUI arrest, we also inform people on what not to say or do in order to prevent them. Unless you’re a seasoned DUI attorney, or someone who’s researched DUI thoroughly, there’s a good chance that you’re not entirely sure of how to conduct yourself during a DUI stop, or a routine traffic stop that turns into a DUI stop.

So, in order to help you out here in case that day ever comes, we’re going to give you some advice on what not to say to the police during a DUI stop. The following advice is what we tell our friends, family and clients about handling themselves when an officer suspects that they’ve been driving under the influence.

1. Don’t say anything incriminating.
This only applies if you are not on probation and you are not under the age of 21. You see, you don’t want to give the cops any ammunition. If you tell them that you had two beers three hours ago, they can use that statement against you, trust us.

2. Instead, say something like this.
Instead of saying, “Well officer, I had a few drinks at dinner,” politely tell them that you don’t feel like saying anything. Instead you can say, “If you want to give me a ticket, please write it and let me go.” Next, the officer will forcefully ask you again if you’ve been drinking. Politely, say “Officer, respectfully, I don’t feel like answering any questions. If you want to write me a ticket, do it.”

3. Don’t take the sobriety tests.
After you’ve said that you don’t want to answer his questions, he may say that if you step outside the car and take these (field sobriety) tests and pass them, he’ll let you go. Don’t fall into this trap!

If you do, he’ll say that you were slurring your words, and that he smelled booze on your breath, and you had an unsteady gait. You’re almost guaranteed to fail these tests; even sober people can fail them. These tests are optional, so politely refuse to take them.

4. Say “no thanks” to the PAS test.
If the officer asks you to take a pre-arrest preliminary alcohol screening (PAS) breath test, you may politely refuse to take this roadside optional test, providing it’s before the arrest. After the arrest, you have to do an evidential test (blood or breath test).

5. If arrested, opt for the blood test.
If you are arrested and the officer gives you the option of breath or blood, say “blood,” even if you hate needles. At this point, the officer doesn’t know your BAC. The worst thing that he could do is say that you reek of alcohol and that you failed your field sobriety tests, but then if the blood comes back (in about 10 days) at just .05, it’ll work in your favor.

We help these words of advice will help you out one day. If you were arrested for DUI in Orange County because you didn’t know the right things to say or do, contact the Law Offices of Virginia L. Landry, Inc. for the aggressive defense you need and deserve!

Call (949) 537-2202 for a free case evaluation!