Blog Post

6 Mistakes a Motorist Needs to Avoid When They’ve Been Pulled Over for a DUI

Admin • Jan 03, 2018

Your reaction to being pulled over, questioned, and arrested over a possible DUI will have a big impact on the outcome. Unfortunately, a lot of motorists make some big mistakes because they don't know enough about DUI law and procedures.


However, if you remember to avoid the following six mistakes, you could avoid a DUI arrest or conviction. 


1. Talking Too Much         

                                 

You are not obligated to be talkative or provide information that wasn't explicitly asked for when you're pulled over. While you will have to communicate with the officer that pulls you over, you should be brief and to the point, as you answer the officer's questions. 


Being excessively talkative could give the officer the impression that you are nervous because you have had a lot to drink. Your best bet is to say as little as possible while still being polite and helpful. 


2. Being Uncooperative


While you don't want to talk any more than necessary when you're pulled over, you also want to avoid being uncooperative or giving an attitude to the police officers. Police officers may be more suspicious of you if you seem bothered about being pulled over and are reluctant to follow their requests. Being uncooperative may give the officer the impression that you are combative because you have been drinking. 

Be polite with the officer and make sure you don't come across as irritated or angry. 


3. Lacking Required Documents


Any motorist knows that the first thing they'll need to present when they're pulled over is their license, registration, and proof of insurance.


If you are driving, then you should always have these documents with you. If your papers are organized and all in one location, then your organization may help in any situation where you are pulled over. 


4. Showing Nervousness


This is probably the most difficult mistake to avoid, but it's important. Do your best to relax when you're pulled over, regardless of if you are guilty or not, and behave normally without showing signs of stress or worry when the officer starts talking to you.


Police officers may interpret your nervousness as a sign of guilt or drunkenness when in actuality you're just nervous to be in this situation. The more relaxed you are, the more likely you are to avoid the scrutiny of the police officer and to be allowed to go on your way. 


5. Being Distracted


If you are distracted when the officer comes up to your vehicle and begins talking to you, the officer may be more suspicious than if you come across as focused and alert. If you end up having to take a field sobriety test, you'll need to be very focused because you will be judged on how well you handle the instructions. 


It's important to avoid all distractions when you've been pulled over and focus your attention on getting through the interaction with the officer without arousing suspicion. 


6. Refusing Sobriety and Breathalyzer Tests


In most states, refusing a field sobriety or Breathalyzer test is taken as an admittance of guilt and will put you in a bad situation. You'll most likely end up with a license suspension and could also still be charged with DUI as well. California is a state with implied consent laws, which refer to the refusal to take a sobriety test.


If you refuse the field sobriety test, the officer is going to assume it is because you know you're over the legal limit. You'll inevitably face consequences, so it's best to cooperate with the officers and hire an experienced DUI attorney.


Ralph Torres Attorney At Law is the friendly professional legal advisor you can rely on. Contact his office to learn more about dealing with a DUI pullover and DUI charges.

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