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You are pulled over for a DUI. The officer approaches your window and the investigation begins- he or she will ask questions and request your consent for tests. Here are six things that you should avoid if you are ever pulled over under suspicion of driving under the influence:

  1. Do not admit to drinking or drug use: “Yeah, I smoked a few hours ago but I’m not high anymore.” “I have been drinking tonight, but only a few beers.” By admitting that you have been drinking or using drugs, you are supplying the police with probable cause.
  2. Do not say too much: Being pulled over is scary, and many people deal with the stress of a DUI stop by over-explaining. The more you talk, the more likely you are to say something that you shouldn’t.
  3. Do not believe the police: The police are permitted to lie during the course of an investigation. When you are stopped for a DUI, the police believe that you committed a crime and are attempting to gather evidence against you. The officer may promise you leniency in exchange for your consent or cooperation, but remember- you will not be in any less legal trouble if you consent or offer up information, you will just be making the officer’s job much simpler.
  4. Do not consent to a warrantless search: You may be told that it will be better for you if you allow the police to search your car. Legally, you do not have to and you should not agree to. If the police truly wish to search your car, insist that they obtain a search warrant.
  5. Do not consent to a PBT: Portable Breathalyzer Tests are faulty. Do not agree to blow into this device during a roadside stop. If there is enough reason to bring you into the station, the police must test your blood to prove your intoxication.
  6. Do not take advice from friends or family: DUI arrests are common- someone in your life has most likely gotten a DUI conviction. They will want to impart their wisdom on you; however, a lot of this advice will be dated or misinformed. If you are arrested for a DUI, hire an attorney. He or she will help you navigate the process.

If you or a loved one have been arrested for a DUI, please contact the attorneys at Rehmeyer & Allatt for a free consultation.