“Have You Been Drinking?” The Dos and Don’ts If You’re Pulled Over for Suspicion of DWI

Close to 30 people die every day in crashes resulting from drunk-driving.

While that is an uncomfortable statistic, it would give you comfort to know that drunk-driving related deaths have dropped by over a third over the past three decades.

The decrease in drunk-driving fatalities can be attributed to the increase in public awareness regarding the risks involved when driving while drunk and efforts from law enforcement.

Being pulled over by the men in blue is one of the most anxiety-inducing experiences, especially if you know you have been sipping on the bitter stuff.

Have you been drinking?

This article will discuss the proper way to handle yourself when pulled over for suspicion of driving under the influence.

Handling a DUI Stop

The best way to handle a DUI stop or checkpoint is to not be in that situation in the first place. Driving while drunk not only puts you at risk but other motorists as well.

What’s more, you are likely to get away with it many times before you eventually get pulled over.

Statistics indicate that an average drunk driver has driven drunk over 80 times before their first arrest. However, with every successfully avoided DUI stop, the driver becomes increasingly bold to the point they are comfortable driving drunk.

When this happens, they are more than likely to get into a crash. Recently, a man was sentenced to 135 years for driving under the influence and causing a crash resulting in the deaths of four people. He had previous DUI convictions.

Nonetheless, if you find yourself in a DUI stop, here are tips on how to handle it.

1. Get Yourself Together and Pull Over Safely

As soon as you see the flashing lights, know that it’s show time and get your act together. Remember, the minute the officer decides to pull you over, they begin to make observations that they will put in their report.

Take deep breathes to calm yourself as you look for a good place to pull over. Consider rolling down the passenger window so as to increase air circulation to avoid reeking of alcohol and other odors.

2. Do Not Make Sudden Movements

Officers are always on high alert in order to protect themselves. This is why they usually approach from behind so they can have a good view of the driver and his/her actions.

As such, sudden movements could be mistaken for threats and the officer might act in self-defense.

As such, once you have safely pulled over, don’t look behind to watch them approach or reach for your documentation. Place your hands on the wheel and wait for them to arrive.

3. Be Courteous

At this moment, you are literally at the officer’s mercy. Being rude, therefore, will not serve you any good. Worse, it will only incite them to write an incriminating report which could aggravate your DWI charges.

Being polite and treating them with respect, however, let’s the officer know that you are still in control of yourself. This may reduce your chances of getting arrested or receiving an incriminating report.

4. Don’t Answer ‘Have You Been Drinking?’ Questions

While being respectful is a good thing, don’t try to use it to absolve yourself. The anxiety of getting pulled over can make you say incriminating things in a bid to free yourself. Police officers know this and will use it against you.

As such, do not speak unless asked to. Give your documentation when asked to, however, don’t answer questions that will incriminate you.

For instance, if asked whether you have been drinking, politely decline by saying that your lawyer has advised you not to answer any questions.

Also, don’t lie.

If it’s eventually proven that you were drunk and you claimed that you weren’t, it will look bad on your report.

5. Don’t Agree to Field Sobriety Test

Field sobriety tests are notoriously difficult to pass. Even sober drivers have a hard time passing them. This is because the results are based on the officer’s subjective judgment.

It’s in your best interests, therefore, not to agree to the field sobriety test. Moreover, the law states that you can choose not to participate.

6. Don’t Agree to the Hand-held Breathalyzer

Depending on some circumstances and the laws in your state, it might be advisable to decline the Breathalyzer.

Just as with field sobriety tests, the results from this device can be skewed so you flunk. Politely decline to this as well and wait for further action.

But if you are reeking of alcohol and the officer is looking to obtain evidence, you are better off cooperating.

Refusal could result in the suspension of your license for a period of up to twelve months and could even earn you jail time.

7. What to Do When Under Arrest

Depending on how the meeting goes, the officer might decide to let you go or place you under arrest.

If they decide on the latter, don’t resist or try to argue – won’t work. Be calm and don’t speak. Just follow the officer’s instructions. Once in the police vehicle, ask to speak to an attorney.

While at the station, renew your request to speak to an attorney. You’ll be given a phone to either call your lawyer or a public defender.

While waiting, don’t agree to answer any questions until your lawyer arrives. However, you can ask to have your rights explained to you.

Nonetheless, you’ll have to take a chemical test while at the station since the law demands it.

Most states give you the option of either a breath or blood test. Choose the breath test since they are usually unreliable. Thus their validity can be attacked in court.

Also, don’t agree to sign to any papers apart from your DUI ticket and the Driver’s Hearing request form.

The rest can then be handled in the presence of a lawyer. However, don’t admit anything to the attorney while still in the station since most stations are bugged.

Avoiding DUI Stops

While drunk driving is certainly something that can’t be condoned, sometimes you do have yourself under control. Maybe you had a glass of wine with your dinner or other relatively harmless examples.

However, if you get pulled over and the officer pops the ‘have you been drinking’ question, you can neither accept nor deny as both will incriminate you. Your best chances, at that point, are to follow the above steps.

Nonetheless, if you have to drink, be safe and choose a designated driver or call an Uber.

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