Driving under the influence – better known as DUI is against the law and often has tragic consequences. There are many reasons why people drive intoxicated, none of them good, but when you are arrested for DUI you can lose your license and even your livelihood. It’s a good idea to know how to handle the situation if and when you are stopped for suspicion of DUI.
Use your turn signal as soon as you see the police officer pulling you over. Using your signal will let the officer know that you are alert and cooperative. It may even put doubt in his or her mind that you might be impaired. They will be looking for behavior which indicates impairment such as an untucked shirt or bare feet. These things will heighten their suspicions.
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Most officers appreciate your having your hands atop the wheel holding your license and registration. This establishes that you are cooperative and considerate of their safety. Don’t douse your mouth with breath spray or mints; they don’t fool anyone and can contribute to establishing your “consciousness of guilt”.
You should also be aware that you can refuse to perform any field sobriety tests. You can legally refuse to submit to any field test such as a coordination evaluation or a breathalyzer. If you do not submit to the field sobriety test you’re denying the prosecution some proof that you’re guilty of DUI.
If you do choose to take the field sobriety test, be sure you inform the officer of any physical condition that could affect your balance. An inner ear infection or condition or tinnitus could affect the way you walk. An old injury might choose that moment to throw you off balance, or arthritis in your feet or knees could make you stumble. If you have a condition that causes tremors or shaking tell the officer about that, too.
Your rights will vary from state to state but most don’t let you have your attorney present when you’re tested. If they ask you to take the field sobriety test, they are likely planning to arrest you anyway. Be on your best behavior and treat them respectfully.