What You Should Know If You Are Pulled Over for Suspected DUI
Being stopped for suspicion of driving under the influence is a stressful experience. Flashing lights in your rearview mirror, an officer at your window, and the uncertainty of what happens next can leave you feeling overwhelmed. Knowing your rights during a DUI stop can make all the difference in how your case unfolds. Law enforcement officers rely on these encounters to build their case against you, but you do not have to make their job easier. Understanding what you are legally required to do—and what you are not—helps protect you from unnecessary legal trouble.
What Gives an Officer the Right to Pull You Over?
A DUI stop does not happen at random. Officers must have reasonable suspicion that a law has been violated. That suspicion can stem from erratic driving, speeding, failing to maintain a lane, or even something as minor as a broken taillight.
However, reasonable suspicion alone does not automatically mean a lawful arrest. An officer must establish probable cause before making an arrest for DUI. Probable cause is a higher standard than reasonable suspicion and requires specific evidence that suggests you are under the influence.
If an officer stops you without a valid reason, any evidence collected during the stop—including field sobriety tests and breath test results—can potentially be challenged in court. This is why having a private DUI attorney is critical. A skilled lawyer knows how to scrutinize the stop itself and determine whether your rights were violated from the very beginning.
Do You Have to Answer an Officer’s Questions?
The moment an officer approaches your vehicle, they may ask where you have been, whether you have been drinking, and other questions designed to gather evidence against you. While you must provide your driver’s license, registration, and proof of insurance, you are not legally required to answer questions about your activities or whether you have consumed alcohol.
Remaining polite but firm is key. A simple statement such as, "I respectfully choose to remain silent," is enough to assert your rights without escalating the situation.
Many DUI arrests are built on statements people make during the stop. The less you say, the less evidence prosecutors have against you. A private attorney can assess any statements you made and determine whether they should be suppressed in court.
Are You Required to Perform Field Sobriety Tests?
One of the most misunderstood aspects of a DUI stop is field sobriety testing. Officers commonly ask drivers to step out of the vehicle and perform tasks such as walking a straight line, balancing on one leg, or following a moving object with their eyes.
You are not legally required to take field sobriety tests. Unlike chemical tests, which have legal consequences for refusal, field sobriety tests are voluntary.
These tests are highly subjective and often unreliable. Factors such as uneven pavement, poor lighting, medical conditions, and even nervousness can cause you to fail. Despite this, officers use poor performance on these tests as probable cause to justify a DUI arrest.
Declining field sobriety tests does not mean you are guilty. It simply prevents the officer from using flawed evidence against you. A private attorney can challenge an officer’s claim that you “failed” the tests by exposing their unreliability in court.
What Happens If You Refuse a Breath or Blood Test?
Every state with DUI laws has some form of implied consent, meaning that by driving, you have already agreed to submit to a chemical test if lawfully arrested for DUI.
Refusing a breath or blood test can result in automatic license suspension, and in many states, refusal can be used as evidence of guilt in court. However, this does not mean your case is hopeless.
An experienced DUI attorney can analyze whether the officer followed proper procedures, whether the testing equipment was properly calibrated, and whether your rights were violated at any stage. In many cases, procedural errors can weaken or even invalidate the prosecution’s case against you.
Can an Officer Search Your Car During a DUI Stop?
A common misconception is that officers can search your car just because they pulled you over. The truth is, they cannot search your vehicle without your consent, a warrant, or probable cause.
Probable cause means the officer has reason to believe a crime is being committed. This could include visible open containers of alcohol, drugs in plain sight, or the smell of alcohol or marijuana.
If an officer asks for permission to search your car, you have the right to say no. Clearly stating, "I do not consent to a search," protects your rights.
If a search was conducted without probable cause or your consent, a private DUI attorney can challenge the legality of the search and potentially get evidence thrown out.
What Happens If You Are Arrested?
If an officer decides there is probable cause, you will be arrested for DUI and taken into custody. At this point, anything you say can and will be used against you, so remaining silent is the best course of action.
Once released, contacting a private DUI attorney immediately is critical. An attorney can begin working on your defense right away, protecting your rights and guiding you through the legal process.
How a Private Attorney Can Help After a DUI Stop
DUI cases are complex, and prosecutors rely on the assumption that defendants will either plead guilty or accept standard penalties. A private attorney challenges that assumption by investigating every aspect of the case, including:
- Whether the traffic stop was lawful
- Whether field sobriety tests were improperly conducted
- Whether breath or blood test results are accurate and admissible
- Whether the officer violated your rights at any point
Having an attorney who focuses on DUI defense can make all the difference in reducing charges, fighting license suspension, and avoiding a conviction.
DUI Legal Rights FAQs
Are officers required to tell me why they pulled me over?
Yes. An officer must have a valid reason, known as reasonable suspicion, to initiate a traffic stop. If you are stopped without a lawful reason, any evidence gathered during the stop may be challenged in court.
Can I refuse to answer an officer’s questions during a DUI stop?
Yes. You have the right to remain silent and are not obligated to answer questions about where you have been or whether you have been drinking. Politely stating, "I choose to remain silent," is the best way to avoid self-incrimination.
Do I have to step out of my vehicle during a DUI stop?
If an officer asks you to exit your vehicle, you are required to comply. However, stepping out of your car does not mean you must participate in field sobriety tests.
What should I do if I am asked to take a field sobriety test?
Field sobriety tests are voluntary. Politely declining the test can prevent the officer from using subjective observations to justify an arrest.
Will refusing a breath or blood test hurt my case?
Refusing a breath or blood test can lead to license suspension and may be used as evidence in court. However, a private DUI attorney can examine whether the refusal was justified and whether the officer followed proper procedures.
What should I do if an officer asks to search my vehicle?
Clearly state, "I do not consent to a search." Unless the officer has probable cause, a search warrant, or your consent, they cannot legally search your car.
How soon should I contact an attorney after a DUI arrest?
Immediately. The sooner you contact a private attorney, the better your chances of challenging the evidence, preventing license suspension, and building a strong defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.