Suppose you get pulled over by a police officer for a DUI. What will you do? The thing is that while you should stay polite and comply with their request to pull over after you have found a safe spot to pull over – there are several things that you should avoid at all costs – otherwise – your DUI case might get worse.
Here are the essential things to avoid when getting pulled over for a DUI.
Know Your Right of Silence
Understand the Fifth Amendment right not to talk. The right is about the right that you don’t have to talk to the police officer and not to talk to the court. So you can exercise your right. Every single person can play a big role in getting convicted of a DUI due to the things that they say to the police officer and in the right while being oblivious to the right that they have, which states that they don’t have to talk at all.
People mostly talk because they try to help themselves, and they don’t realize that their talking is not helping them at all. So, if you ever get pulled over by a police officer and you realize they suspect that you are intoxicated – just don’t talk.
Show Your License and Registration Instead
If the police officer asks you the tricky question about whether you know why you were pulled over – don’t say anything. When they ask you whether you know that you were speeding – don’t answer. Also, when they ask you for your name – just show them your license and registration.
You get the point – you don’t need to talk at all. The only thing that you need to do is to get a good DUI Accident Law firm in Las Vegas, that is, if you reside in Las Vegas, and let the professional attorney do all of the talking on your behalf. By staying silent, you will increase your chances of getting acquitted of the DUI case by up to 100%.
Don’t Perform A Field Sobriety Test
Another thing to know that you should avoid at all costs when you get pulled over for a DUI is that the officer might ask you to get out of the car. You have to comply and get out of the car. But be mindful of the next step, which is when the police officer is going to ask you to do a field sobriety test.
It is important to keep in mind that the police officer is going to ask you – not tell you – to do a field sobriety test. They might ask you to touch your nose. They might ask you to follow their pen or their light with your eyes. They might also ask you to stand on one leg or count backward.
Don’t Give in to Pressure
Keep in mind that the officers will never tell you that they are ordering you to perform a field sobriety test. They will never tell you that you must do any of these things. Of course, as officers, they might put pressure on you by saying that if you are sober, then why aren’t you doing what they are asking you to do?
They might also tell you that if you don’t do what they ask you to do, then they might take you to jail, which is probably a true statement as you might be staying in jail for the night. But – the fact is, if you do the test and do the things they ask you to do – even then, they are going to take you to jail.
You Are Not Arrested for Refusing the Tests
You get the point – you don’t have to do any of these tests. The law says that you don’t have to. Many people who get pulled over for a DUI believe that they might be arrested for refusing. The thing is that you won’t get arrested for refusing to perform a field sobriety test. Why, you might ask? The reason is that the test is considered a voluntary test.
Yes – you read this right. In the seemingly crazy world that we live in, the law and the court say that those tests are for your benefit. However, the thing is that none of these tests are for your benefit, and they are not there to determine whether or not you are intoxicated. They are not there to help the officer decide whether or not to arrest you.
The Officer Has Already Decided to Arrest You
The simple truth is that the moment the officer pulls you over for a DUI and by the time they have gotten you out of the car and the moment they have decided to give you those tests, the officer has already decided to arrest you.
These tests are exclusively designed to give them more evidence against you. So, you should know that by doing these tests, you will only make a fool of yourself. Once you are under arrest, go ahead and do whatever they tell you to do – but – until you are under arrest, don’t do anything that they ask you to do.
Don’t Consent to A Search
The final thing that you should never do is to consent to a search. Almost always, the police ask whether you mind if they search your vehicle. They might also ask you to pat you down for their safety. They might go to the extent of joking and asking whether you have hidden any dead bodies in the trunk of your car.
No matter what – the answer to any such question is no. You need to be super clear when telling them that you don’t mind the search and that you aren’t allowing them to do the search. With the changing laws, you have to be unequivocal. So tell them out loud that they do not have your permission to search your vehicle.
This aspect doesn’t mean that you should try to prevent them from searching your vehicle or you – but – you should not give them your permission as this will allow your attorney to argue that the officer did a violation of your Fourth Amendment rights.
