What To Do When Pulled Over By a Police Officer

From the moment you’re pulled over by a police officer, everything you do or say carries the risk of being charged with a DUI. However, there are a few things you can do to protect yourself.

 

Don’t wait when you see flashing lights

 

Pull over as soon as you see the flashing lights or hear the siren of the police car. Don’t wait until you come to a side street or parking lot because the officer could mistake the action as an attempt to get away. Make sure to turn the ignition off so the officer doesn’t have to worry about you pulling away when he gets out of his car.

 

Don’t do anything until asked

 

The best thing to do is to sit and wait for the officer to come up to you. He might become concerned about his safety if he sees you digging around looking for something, possibly assuming the item you’re looking for is a weapon. Keep your hands on the steering wheel and don’t unbuckle your seatbelt because there will be no proof that you were wearing it while driving.

 

Don’t be disorganized

 

Make sure to keep proof of insurance and vehicle registration in an easy-to-reach location so they can be located quickly and easily. Any sign of having problems locating the documents could make the officer think you’re impaired from drinking or drugs.

 

Don’t let your mouth get you into trouble

 

Anything you say can and will be used against you, even before an arrest or the reading of Miranda rights. Don’t speak unless asked a question and keep the answers short. Only answer the question that is asked; don’t volunteer any extra information that could be used against you. Aside from giving your name and address, you’re not required to answer any questions. Remember, the police are NOT your friends. They’re not your enemy, but they’re certainly not your friend.

 

Don’t leave out important medical history

 

While it’s important to not volunteer any information that could possibly be used against you, it’s equally vital that you let the officer know of any medical conditions such as diabetes, stroke, acid reflux (GIRD), or epilepsy because these conditions could result in actions that could be misinterpreted as intoxicated. Don’t say anything about taking medication for any of these ailments because such a statement could be seen as admission of guilt to driving under the influence.

 

Don’t forget you have a choice

 

The officer can’t make you take a field sobriety test, even though refusing could imply guilt in the eyes of the officer. Remember that the test is considered an inaccurate method of determining if someone is or isn’t intoxicated, and it’s designed in such a way that even a sober person may have difficulty in passing the test. (i.e. designed for failure)

 

Don’t take a Breathalyzer test

 

It’s best to refuse to take a Breathalyzer (or preliminary breath test – PBT) test because there is no guarantee the machine is working properly. If the results show that you’re intoxicated, it will not be up to the police to prove the Breathalyzer is working accurately. Instead, it would be a costly battle for you to prove the machine isn’t functioning properly. Rather than provide them with results to use against you, politely decline the test and ask for an attorney. At that point, no further testing efforts can be made until your attorney shows up.

 

Don’t trust the police to act as your attorney

 

In this instance, the police are not your friend. They don’t have to tell you what your legal rights are and have no obligation to tell you the truth. It’s best to refuse any testing, even if you’re told that the results can’t be used against you in court because they really can be.

 

Don’t forget every decision has a price

 

You gave ‘implied consent’ for testing when you received your driver’s license, and refusing the Breathalyzer or other chemical tests (i.e. blood or urine) could result in losing your license for a year or more. On the other hand, taking and failing the tests would result in much harsher punishment.

 

Don’t give up without a fight

 

Although your license could be taken for refusing to take the tests, it is possible to have some or all of your driving privileges restored. Consultation with an attorney is usually the best way to do this as an attorney can advise you of your rights and help navigate the administrative process of getting your driving privileges restored.

 

Don’t be rude

 

Most of the information obtained that could be used against you will be taken by the police officer that initially stopped you, and his opinion carries a lot of weight. Be polite when exercising your rights. A friendly, non-threatening attitude can sometimes make the difference on how aggressively the officer tries to find something to charge you with.