What to Do When Pulled Over on Suspicion of Driving Under the Influence (D.U.I.)

Picture the following scenario: You've worked hard all week and on Friday all that work paid off. Your company got the contract and you got a promotion. Everyone gets together after the office closes for an informal celebration at a nearby cocktail lounge. You don't usually drink, but the boss sprung for a bottle of the good champagne and is proposing a toast to you, so you have a glass of champagne.

An hour later you order an appetizer and wash it down with a bottle of imported beer before saying your goodbyes and leaving, feeling like you are on top of the world. Your hard work is paying off and your colleagues have recognized you for the professional you are. You can't wait to get home to share the news with your family. As you buckle up and start the car, you don't know someone had bumped into your tail light, breaking the lens.

After driving a few blocks, you're alarmed by the red and blue flashing lights in your rearview mirror and pull to the side of the road so the emergency vehicle can pass. But it doesn't pass you. It pulls in behind you and you run through a mental checklist of how fast you were going, if you came to a complete stop at that last stop sign and if you signaled for a turn you made. Now there's a law enforcement officer shining a flashlight in your eyes and asking for your driver's license, registration and proof of insurance.

While retrieving the requested documents, you ask the officer why you're being pulled over and are told you have a busted tail light lens. As you hand him your documents he looks at your license and asks if you've had anything to drink.

Stop! This is where most honest people make their first mistake. The most common answer is, "I've had a couple drinks." That answer will get you in trouble. You can refuse to answer on the grounds that you may incriminate yourself (The Fifth Amendment to the U.S. Constitution). If you want to be cooperative and answer the question, answer it specifically. "Yes, I had one glass of Dom Perignon Champagne an hour and a half ago and one bottle of Hieneken to wash down the buffalo wings and cheese sticks I ate 30 minutes ago," you may reply to the officer.

At this point, he or she is likely to ask you to step out of the vehicle and will begin asking you a variety of questions that are intended to tell if you are D.U.I. Some of these questions might be about where you were drinking, who you were with, when you began drinking, what you ate that day and again how much you've had to drink. The officer may try to get you to contradict something you said previously. If you are confident your answers are consistent, it's probably best to answer these questions. Do this in the name of cooperation. The most important thing here is to be polite and brief while answering any questions. Don't offer any information that is not specifically asked for. The less said the better.

Up until now, the officer has been trying to decide if you are D.U.I. If there is any doubt, you will be asked to take a few field sobriety tests. Remember the following words. "On the advice of my attorney, I respectfully decline." The officer will try to persuade you to recite the alphabet. "On the advice of my attorney, I respectfully decline." They may ask you to blow into a breath analyzer. "On the advice of my attorney, I respectfully decline." You may be asked to walk a straight line or tilt your head back and touch your nose. "On the advice of my attorney, I respectfully decline." Follow the pen with your eyes. "On the advice of my attorney, I respectfully decline." If they ask you to permit them to search your vehicle; "On the advice of my attorney, I respectfully decline." These nine words are very important and you should use them to answer any questions from this point on.

At this point, the officer will likely inform you of the state's Implied Consent Law, which basically says by refusing to submit to these tests, you will surrender your license for six months. By having a license, it is implied that you agreed to take these tests if requested. This suspension is far better than risking conviction. If you have had anything at all to drink these tests can be used to prove to a jury that you were in fact D.U.I. Chances are, everything that has taken place since you were stopped is being recorded, so it is always important to be professional, respectful and say as little as possible.

There are many different ways of saying something that can be interpreted as a command rather than a request. The police know this and will use these methods to trick you into doing something foolish. To search your vehicle they need a warrant and they can not force you to say or do anything that by doing so, you may incriminate yourself. They will suggest you can avoid going to jail if the breath test proves you're not D.U.I. They'll ask why you won't take the tests if you have nothing to hide. They'll tell you that if you don't have anything illegal in your vehicle, a search won't hurt a thing. They'll say they can get drug dogs to check your vehicle or a judge to sign a warrant. The truth is, they need reasonable cause to search your vehicle.

As soon as the officer asks you to get out of the vehicle it's best to assume you will be arrested for D.U.I. Once at the jail, they will usually set a bond amount and allow you to call someone to come and get you. If they don't, they will allow you one phone call. Use it to call a trusted friend or loved one or an attorney.

Once you've been charged with a D.U.I., it is worth every penny to hire an attorney to represent you in court. In a scenario similar to the one above, it will be very difficult for a jury to convict you of D.U.I. without any evidence other than your own admission of having a glass of champagne and a bottle of beer. That will not be enough to render one legally intoxicated.

The prosecutor will in all likelihood offer a reduced charge or dismiss the case long before it would go to court. Even if it does go to court, by being respectful and not performing any tests that might be misinterpreted, all the court will see is someone being rational, polite and exercising their rights. That would make the arresting officer and the prosecutor look pretty foolish.

It's best to never drive a vehicle after you've been drinking, but that is sometimes ridiculous. If you ever are pulled over for suspicion of D.U.I., I hope these tips benefit you. Although not an attorney, I've had significant experience in the area of D.U.I.s and am sharing information that I have found to be beneficial to me at times. This not intended to take the place of any advice an attorney may give you.