Should you get out of your car? What information should you give to the police? These are some of the questions that may be running through your mind when the police pull you over on suspicion of drunk driving.It is worth noting that your words or actions after a DUI stop could impact your case if you are charged with drunk driving. Therefore it helps to understand the do’s and don’ts during such a stop to avoid making mistakes that could come back to haunt you, as detailed below.
1. Being uncooperative
It helps to cooperate with the police during a DUI stop. Do not attempt to speed off or step out of your vehicle if you have not been asked to. Remain calm, keep your hands on the steering wheel and avoid sudden body movements.
2. Giving too much information
You should not give unnecessary information to the police once you are pulled over. Remember, you always have the right to remain silent. You may make incriminating statements if you talk too much, and they could hurt your case.
3. Submitting to field sobriety tests
Failing a field sobriety test can give probable cause for a DUI arrest. However, you are not legally obligated to submit to field sobriety tests. If a police officer requests you to take the test, you can lawfully decline.However, refusing a breathalyzer test is not advisable, given New Jersey’s implied consent law. You could have your license suspended for declining a breathalyzer test, even if you are not found guilty of drunk driving.
4. Not seeking legal help
You have a constitutional right to legal counsel if you are arrested for DUI. Do not overlook that. Reach out for legal guidance as soon as possible, preferably before answering questions from law enforcement or making any statements once you are under lawful custody. Having informed guidance could significantly help shape the direction of your DUI case and increase the odds of a positive outcome.
Christopher St. John
Tess Berkowitz