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Top Five Mistakes You Can Make During a DUI Traffic Stop


If you are stopped by a police officer, DO NOT PANIC! Remain calm. If you panic and become nervous, that may increase the officer’s suspicions that you are impaired. As the officer is approaching your vehicle, think about where your registration, insurance, and license is – but DO NOT REACH FOR THEM YET. Instead, keep your hands on the wheel until the officer instructs you otherwise. If it is nighttime, you may turn on your vehicle’s interior light. That will allow the officer to see into your vehicle as (s)he approaches, and know that you are not reaching for a weapon or trying to conceal something. That will make the officer less nervous, and it also shows clear thinking – the opposite of impairment.



The side of the road is not the place to argue your innocence, and the police officer is not the person with whom to do it! Save it for the courtroom. No matter how right you think you are, or how wrong you believe the officer is, you will never benefit from being rude and belligerent to a police officer. It will ALWAYS hurt you. If you are rude and argumentative to a police officer, the officer will likely suspect you are impaired. The officer will also note your poor demeanor in the report, which the prosecutor will eventually see. A poor attitude to a police officer will make the prosecutor less inclined to give you a good deal on your case. Therefore, ALWAYS BE POLITE AND RESPECTFUL.


Do not try to talk your way out of trouble with the officer on the side of the road. Let your lawyer debate your case in the courtroom with the prosecutor. When a police officer is investigating a DUI offense, it is extremely unlikely that you will be able to talk your way out of trouble. Remember that your roadside encounter with the officer is likely being audio and video recorded. Therefore, the more you talk, the more potential evidence you are giving to the officer and the prosecutor which can later be used against you. Therefore, while you must be cordial with the officer at all times, you should not try to debate your case with the officer.



Being polite and courteous is important. But helping the police officer and the state by providing them with evidence they will then use to prosecute you is another thing entirely. If you are arrested, the officer will likely read you your Miranda rights, and may give you a form with those rights written on it which the officer will ask you to sign. You have the right to remain silent! USE IT!!! Anything you say can, and almost definitely WILL be used against you. Do not give the police any more evidence by waiving your rights until you have the chance to speak with an attorney.



Do you know whether the officer had a legal basis to stop your vehicle? Did the officer have a legal basis to detain you and commence a DUI investigation? Did the officer have the right to order you to step out of your vehicle? If you blew over a 0.08 or refused, and your licenses was taken by the officer, does that mean you cannot drive? An experienced DUI lawyer will know the answers to these questions, and can help you through the very complicated process of a DUI arrest and prosecution. An experienced DUI lawyer can also potentially spot legal issues that may help you avoid a DUI conviction. Do not handle a DUI case on your own!

Posted on: 15 Nov, 2016