What Do I Do If I Am Stopped and Have Been Drinking?
What are you supposed to do if you are stopped for DUI and actually had a couple but feel fine? Do you have to do Field Sobriety Tests? Do I have to answer questions? Seattle DUI Attorney, Nate Webb, discusses what to do when stopped.
1) Give them your Driver's License, Registration and Insurance.
2) Don't answer questions about where you have been, where you are coming from and whether you have been drinking. Don't deny drinking if you have been, just say you have a right not to answer those questions. Ask for a lawyer right away, the officer will likely say that you aren't under arrest so you don't have a right to a lawyer, but say you will not answer questions without an attorney.
3) If arrested, asked to speak with an attorney and invoke your right to remain silent.
4) If you take a breath test, ask to have an independent blood draw.
5) Call the Webb Law Firm as soon as possible (425) 522-4200 or (206) 218-5532.
Do's and Dont's on a DUI traffic stop - Denis Globa, Attorney at Law (Webb Law Firm, PLLC)
Do's
- Stop immediately when you see emergency lights behind you.
- Collect and be ready to provide the officer with your car registration, your license, and your proof of insurance.
- Be very polite, respectful, and cooperative with the officer.
- Very politely refuse to answer any questions about what you have drank before your drove.
- Comply with the officer's request to step out of the car if asked.
- If you are under arrest for a DUI, politely tell the officer you will not be answering any of his questions and you want to speak with an attorney as soon as possible.
Dont's
- Do not give the officer any documents that he did not ask for. They can use that against you as a sign of impairment.
- Try not to show nervousness or anxiety. They can construe nervousness as a sign of impairment.
- Do not be aggressive or argumentative with the officer.
- Do not argue about the reason for the stop.
- Do not admit to anything you drank before your drove.
- Do not agree to partake in field sobriety tests. Politely and respectfully refuse.
- Do not submit to a Portable Breath Test.
- Do not resist arrest.
