Understanding Your Rights and What to Expect During a DUI Stop
A DUI stop can be an overwhelming and stressful experience. If you see flashing lights in your rearview mirror and an officer suspects you of driving under the influence, it’s critical to know what happens next, how to protect your rights, and why having a private attorney can be the difference between a conviction and a successful defense.
The Initial Traffic Stop
A DUI stop begins the moment an officer pulls you over. Law enforcement must have a valid reason for initiating a stop—this could be anything from erratic driving to a broken taillight. Officers look for behaviors that suggest impairment, such as swerving, delayed reactions at traffic lights, or excessive speed fluctuations.
If you are stopped, stay calm, keep your hands visible, and be polite. You are required to provide your driver’s license, vehicle registration, and proof of insurance, but you do not have to answer questions about alcohol consumption. Saying too much can give the officer more reasons to proceed with a DUI investigation.
Why You Need a Private Attorney
The legality of a traffic stop is one of the first things an attorney will examine. If the officer did not have a valid reason to stop you, any evidence gathered afterward—such as field sobriety tests or breathalyzer results—may be suppressed. That could lead to your case being dismissed or significantly weakened.
Signs of Impairment Officers Look For
Once an officer approaches your vehicle, they will be looking for signs of intoxication, including:
- Bloodshot or glassy eyes
- Slurred speech
- The smell of alcohol or drugs
- Slow or uncoordinated movements
- Open alcohol containers in the car
At this stage, anything you say or do can be used against you. The officer may ask questions like, “Have you been drinking tonight?” or “Where are you coming from?” You are not required to answer these questions. A simple, polite response such as, “I would rather not answer that,” is within your rights.
Why You Need a Private Attorney
Officers often rely on subjective observations when deciding to escalate a DUI stop into an arrest. If their claims of impairment are exaggerated or inconsistent, an attorney can challenge their report and argue that their conclusions were biased or unfounded.
Field Sobriety Tests and Your Rights
If the officer suspects impairment, they may ask you to step out of the vehicle and perform field sobriety tests (FSTs). These tests are designed to assess balance, coordination, and cognitive function. However, field sobriety tests are not mandatory, and you have the right to refuse them without immediate legal penalties.
The most common FSTs include:
- Horizontal Gaze Nystagmus (HGN) Test – The officer moves an object, such as a pen, back and forth while observing your eye movements.
- Walk-and-Turn Test – You must walk a straight line heel-to-toe, turn, and walk back.
- One-Leg Stand Test – You balance on one leg while counting out loud.
These tests are highly subjective and can be influenced by factors unrelated to alcohol or drug impairment, such as fatigue, medical conditions, or nervousness.
Why You Need a Private Attorney
A DUI attorney can challenge the reliability of field sobriety tests by highlighting medical conditions, uneven pavement, poor lighting, or other external factors that may have affected your performance.
Breathalyzer and Chemical Tests
If the officer believes they have probable cause for a DUI arrest, they may ask you to take a breathalyzer test to measure your blood alcohol concentration (BAC).
Refusing a breath, blood, or urine test can result in immediate administrative penalties, including a license suspension, due to implied consent laws in most states. However, breathalyzers are not foolproof. Calibration errors, improper administration, and medical conditions can lead to inaccurate results.
Why You Need a Private Attorney
A lawyer can challenge breathalyzer results by requesting maintenance records, cross-examining the arresting officer, and exposing errors in how the test was administered. A strong defense can result in evidence being suppressed or charges being reduced.
The DUI Arrest Process
If the officer determines there is probable cause for arrest, you will be handcuffed, placed in a patrol car, and transported to a police station or detention center. You will likely be asked to take another chemical test at the station, which could be a breath, blood, or urine test.
You will then be booked, which includes fingerprinting and taking a mugshot. Depending on the circumstances of your arrest, you may be eligible for release on bail or on your own recognizance.
Why You Need a Private Attorney
An attorney can argue for reduced or dismissed charges based on improper arrest procedures, violations of your rights, or weak evidence. A DUI conviction can result in fines, probation, license suspension, or even jail time, making experienced legal representation critical.
DUI Stop FAQs
What should I do if I’m pulled over for suspicion of DUI?
Remain calm, keep your hands visible, and provide your license and registration when asked. You do not have to answer questions about drinking. Politely decline field sobriety tests and be cautious about making self-incriminating statements.
Can I refuse field sobriety tests?
Yes. Field sobriety tests are voluntary in most states, and you have the right to refuse them without automatic penalties. However, refusal may still be used against you in court.
What happens if I refuse a breathalyzer test?
Most states have implied consent laws, meaning that refusing a breath test after an arrest can result in an automatic license suspension and other penalties. The specific consequences depend on the state where the arrest occurs.
Can a medical condition affect field sobriety test results?
Absolutely. Conditions like vertigo, neurological disorders, and even anxiety can affect balance and coordination, making you appear impaired even if you are sober.
Is it possible to fight a DUI charge based on field sobriety tests?
Yes. These tests are highly subjective and prone to error. A skilled DUI attorney can challenge the validity of the tests, the officer’s interpretation, and the conditions under which they were conducted.
What if my breathalyzer test results were inaccurate?
Breathalyzers can produce false positives due to improper calibration, medical conditions, and even certain foods or medications. A lawyer can examine these factors and challenge the results.
Do I have to answer police questions during a DUI stop?
No. You have the right to remain silent. While you must provide identification and vehicle documents, you are not required to answer questions about where you were, what you were doing, or whether you’ve been drinking.
What are the possible penalties for a DUI conviction?
Penalties vary by state but can include fines, license suspension, mandatory DUI education programs, probation, community service, and jail time.
Can I get a DUI charge dismissed?
Yes. A DUI charge can be dismissed if evidence is weak, law enforcement violated your rights, or there are legal errors in your case. A strong legal defense can increase your chances of dismissal or reduced charges.
How soon should I hire a lawyer after a DUI arrest?
Immediately. The earlier you involve a DUI attorney, the better your chances of preserving evidence, challenging the arrest, and fighting the charges effectively.
Call 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.