Yesterday, we posted about what to do to avoid getting pulled over. With Memorial Day starting for some people already, DUI checkpoints will be in full-force this weekend all across the country. (Here’s a list of some Memorial Day Weekend DUI checkpoints.)
If you have taken plenty of precautions and still get pulled over, it is understandable that you would feel flustered and intimidated. It is important to stay calm and collected. I’ve been working in the DUI business for years and here is what I think you should do if you get pulled over. Please note that this is not official legal advice. The most important thing you can do is hire an attorney.
Have your paperwork handy. If you are rummaging through your car like a maniac looking for your license, registration, and proof of insurance, it could read to the officer that you are under the influence. Keep those documents in your wallet or safely organized in a glove compartment.
Be polite. The only information you are required to tell the officer is your name (along with handing him or her your paperwork.) You do not need to answer any of the officer’s questions. Be sure to respond politely. You can say, “I apologize, but I do not wish to respond to that question until my attorney is present.”
Take an evidentiary breath test or request a blood test. When an officer requests that you take a BAC test, first ask if it is a PAS test (a preliminary alcohol-screening test) or an evidentiary test. You are not required to take a PAS test, but you are required to take an evidentiary one. It is best for you to ask to be taken to the station for a blood test. If that is not possible, be sure the breathalyzer test is evidentiary.
Like I said, you do not have to answer any question. You also don’t have to take a field sobriety test. (In some cases, it might be better if you don’t take a test, especially if you feel flustered or have a physical hindrance from performing the test adequately.)
To summarize, the only requirements when getting pulled over is stating your name, handing over your paperwork, and taking an evidentiary BAC test. Above all, be cooperative and hire a lawyer as soon as you can.