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What to Do If You Get Pulled Over for DUI

Posted by Ronald D. Hedding | Sep 06, 2017

It is scary to be pulled over by the police, and most people are so terrified that they cooperate and are honest with the authorities about everything. Collaborating with the police is a good idea because driving is a privilege and not a right. Therefore, the police have considerable power on the road, and if you do not cooperate with them, they can cause you numerous problems.

Being pulled over for a DUI can lead to severe consequences. You could face arrest, lose your driver's license for a year (if you refuse a blood or breath test), and end up with a criminal record. These are not outcomes to be taken lightly, and understanding their potential impact is crucial.

Cooperation is not just a suggestion when you're pulled over, it's a necessity. It's especially important if you've been drinking, as intoxicated individuals may find it difficult to follow police instructions. The police use this as one of the factors to decide whether to arrest you or if you're safe to drive.

With all of the above on the line and your reputation, time, money, and embarrassment, it makes sense to cooperate with them and hopefully avoid some or all of the worst consequences that can come along with a DUI arrest and conviction.

While cooperation is crucial, there are limits to it. One thing you should avoid is admitting to drinking alcohol. Many people make the mistake of telling the police they had 'just a couple of drinks', regardless of the actual number of drinks consumed.

So when the police hear this, they do not say, “Oh, if you only had two drinks, then head on down the road and apologize.” When they hear that you have been drinking, it is a green light for them to thoroughly investigate you and try and obtain probable cause to arrest you and convict you of a DUI. It would be helpful if you cooperated, but not to the extent that you gave them everything they needed to take you to jail.

Also, be aware that the police may attempt to smell your breath and inspect your person when you roll down your window. They smell alcohol, and if they smell it, you are likely to be ordered out of your car and have to take all of their DUI tests.

If this happens, your best bet is to cooperate and hope that you are sober enough to pass the tests, or they will take pity on you and not arrest you. If they decide to stop you and ask you to take one of the tests, then my advice is to cooperate and pick one of the tests.

If you do not take one of the tests, you are looking at losing your driver's license for a year on your first offense. If you take the test and are at or over the .08, you will lose your request for thirty days and have restricted permission for five months after that to drive to and from work and to and from your alcohol program.

This represents a significant difference in punishment and is not worth the risk of a first-time DUI. Also, by refusing to take a blood or breath test, you make it easy for the prosecutors to prove a DUI case against you.

If everyone refused to take a blood or breath test, no one would be caught for a DUI. Therefore, the law is clear that if you refuse to take one of the tests, it will be presumed that you were DUI unless you can bring evidence to rebut the presumption.

How To Avoid The Big Problem in a DUI Pull-Over

The most significant problem people encounter regarding a DUI stop is a lack of planning. If you know you might be drinking, take control and have an exit strategy in place. This proactive approach can help you avoid potential contact with the police when you're not at your best.

Those who do not plan are the same people who swerve around on the road right in front of the police, are belligerent to them when pulled over, and can not complete all of the field sobriety tests that come along with being suspected of drinking and driving.

The moral of the story is that the more you can prepare before you start drinking, the better off you will be and the better chance you will have to avoid a conviction for a DUI in Los Angeles.

As I have read thousands of police reports over the past 25 years of defending DUI cases, I see all of the things people do when they think they are going to compete with the police once they are being pulled over.

The problem is that the police are trained to spot a DUI and come into the situation stone-cold sober. On the other hand, most people pulled over for a DUI are intoxicated, scared, unprepared, and do not have all of their wits about them because of the situation.

My best advice is to prepare your exit strategy before you start drinking. If you find yourself being pulled over, try to remain calm, cooperate with the police, and avoid admitting you were drinking. Remember, panic and admission can only complicate the situation.

Signs Police Are Looking For In a DUI Stop

There are several frequent patterns that I see related to DUI cases. First and foremost, most people are pulled over for a DUI on weekends between 12:00 a.m. and 3:00 a.m.

So, if you are on the road at this time, you may be pulled over by the police, unfortunately. Although it is illegal to pull someone over solely because you suspect they may have been drinking due to the time of night, the police still do it.

They often make up excuses to justify their actions, which can be difficult to refute. Also, I often see people just doing stupid stuff in front of the cops. Driving too fast, swerving, engaging in road rage, or driving too slowly makes it easy for the police to catch you.

Most of the stuff related to the DUI case is common sense. If you are unfortunate enough to have been arrested, seek the advice of a professional and let them guide you through the process.

About the Author

Ronald D. Hedding
Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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