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5 Must Do's If Stopped For A DUI 
Learn Common Mistakes Made During A DUI Field Test: You don't Want to Become Another Statistic Who Looses Their Driving Privileges.

Imagine you're stopped by the Police, here are five things that can help you during a Police Officer’s DUI investigation.  

1. Once you see the flashing lights (steady red), hear the siren, and if you've been drinking, you are going to be part of a DUI investigation. Obviously, yield to the right and come to a complete stop safely on the right side of the road.  

Place your vehicle in park and place your hands on the steering wheel. Your actions will speak volumes to the Officer about your situational awareness, and make him feel safer while dealing with you. Another key point people overlook is staying in their vehicle. Even though this is permissible in some states, it is highly recommended that you don’t exit your vehicle unless instructed to do so. 

2. Be Patient While You Wait For The Officer To Approach Your Vehicle. Resist The Temptation To Search For Documents, Go Through Pockets, Etc. The Officer Is Concerned For His Safety, Wait For Their Instructions Before Looking For Items In Your Car. If At All Possible Have Those Items Easily Available Prior To Getting Stopped In One Central Location.
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Once, you’ve heard the instructions repeat it back and tell the Officer what and where you plan to reach items in your car. This is not a must, but it is strongly encouraged to be polite, courteous, and cooperative.  

3. As much as you may like or dislike the Police, you need to set your personal feelings aside and focus on the immediate situation.
You do have the right to remain silent, but this is often taken out of context by the average person. The rights given to us by our constitution is one that allows us not to be compelled to admit something once we are arrested or in custody.

A traffic stop does not create a custody situation but can result in temporary loss of freedom. So choosing not to admit anything is a slippery slope. If you know you are guilty, then, by all means, don’t say you drank five shots of vodka ten minutes ago but you had to run home because you left the kids at home by themselves. 

This is an extreme example but sure admitting this creates many problems that could result in an arrest and possibly, lose guardianship of your kids.

4. Do your best to not admit to any wrongdoing which will help the police build a case against you. A well trained Officer would see objective symptoms of alcohol, and you would only be confirming his suspicions. 

Do your best to avoiding an argument or a “pissing contest” with the Officer. You have no duty to answer those questions. You do however have to follow his instructions, like produce license, registration, and insurance. 

If the Officer orders you out of the vehicle, again follow the instructions. The minute the cop spoke to you, he/she will already start their evaluation process. It is recommended that you avoid the test due to something like an old injury to your knee.

5. Avoid the preliminary alcohol screening device aka PAS if you believe you’re over the limit. There are pro and cons to the test. If you’re over you just confirmed the Officer’s opinion out in the field with a record resulting in your arrest.  

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Now if you’re under the legal limit and don’t take the test, the Officer will have to determine their opinion without the results which could mean an arrest. This is not an easy decision for the driver, that is why most will say don’t take the test until you are arrested.  

Waiting until you get arrested will give your body more time to consume any alcohol in your blood. You will need to provide a sample of blood or breath when you are arrested. If you fail to do this, your license could be in jeopardy of suspension for a year. A license suspension will vary by your local DMV laws required when you get a license.

Some lawyers would recommend denying any field test and just request a blood test after your arrest. There is no perfect solution when you have been drinking and driving, just remember the Police are trying to determine if you’re over the legal limit. Your participation in the test is not required, but a tool to measure their suspicions. 

If you haven’t drunk anything, then take the test to avoid an unnecessary delay in being released, but if you have consumed alcohol, consider your choices and the consequences that will transpire in each decision.

Obviously, don’t drink and drive. It is inherently dangerous for you and everyone on the road. You can take advantage of ride services like Uber or Lift to avoid the Police situation altogether. This will eliminate the need for an attorney to help you maintain your driving status. Many people try to navigate the courts alone and end up taking pleas that result in a negative mark on their driving privileges.  

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If you or a loved one were arrested for a DUI, make sure to get an experienced attorney who knows how to navigate the laws on your behalf. This is an absolute, not an elective if you would like to maintain your ability to drive.

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