One of the scariest experiences a driver can have is to be pulled over and given a sobriety test – especially if there is a chance it could result in a DUI. An experienced attorney can provide valuable advice and legal counsel if you are charged with a DUI, but it a true defense begins when you are pulled over by a police officer.
It cannot overemphasize the importance of learning what to say when pulled over for a DUI. A better way to approach this is by learning what not to say.
Your Rights Under the Law
The Fifth Amendment protects all citizens from incriminating themselves at the time of a sobriety test. This means you are not obligated to tell the officer anything about your alcohol consumption. If you refuse to answer and the officer starts to interrogate you, there is still no obligation to answer them.
From the moment you are pulled over, you have no obligation to speak at all. Just offer your license and registration. This way, the officer cannot testify that you were slurring your speech when you were pulled over.
Actions can often speak louder than words in the case of a DUI arrest, so remember to stay in your car unless asked to get out. Even if you are asked to get out of the car, you are still not required to complete a sobriety test for coordination and balance. You are only required to take a breathalyzer test, a device used by police officers to determine the level of alcohol in your blood.
Your consent to this test is “implied” by the Implied Consent Law in every state, and your refusal to submit to chemical testing will result in an automatic suspension of your driver’s license.
If you have been arrested and charged with a DUI or you have questions about how to respond when pulled over, an experienced attorney can help. He will know exactly which information to gather and how to prepare your case for the most favorable outcome.
The 5th Amendment is your defense for not saying anything to the police officer about your alcohol consumption. Neither are you obligated to take the balance test or answer his questions or even speak at all. Just offer your license and car registration. Your are only obligated to take a breathalyzer test. Refusal of the breathalyzer test means automatic suspension of your driver’s license.