Any time you are stopped by the police can be a nerve-wracking or frightening experience. If you are pulled over and it is clear that the police officer suspects that you have been drinking and driving, you will probably be even more alarmed. You want to do everything right, but you might not be sure about what the right thing to do is. Should you be cooperative and submit to all tests? Should you be completely honest with the officer, or instead choose to remain silent? Can you call your attorney before you do anything to incriminate yourself? The answers to these questions aren’t exactly common knowledge. For this reason, I’m going to take a few moments to answer them now. Hopefully, these DUI police suspicion tips will help you if you are ever faced with this situation.
Unfortunately, you do not have the right to an attorney until you are placed under arrest. This means that if you are stopped by a police officer, you cannot request council until after you have answered the police officer’s questions, performed the necessary roadside tests, and been formally charged with a crime. By the time you are asked to perform a field sobriety test, the police officer has probably already decided to arrest you based on your behavior on the road, your appearance, your speech, etc. The field sobriety tests only act as additional evidence in your arrest. This is because field sobriety tests are designed to make you fail. If you are asked to complete these tests, the police officer has probably already determined your guilt. Asking for a lawyer at this point will make no difference.
Contacting a Lawyer
The best thing that you can do if you have been stopped by a police officer who believes that you have been drinking and driving is to immediately request a lawyer. Make sure that the officer notes your request in his or her report. After giving the officer requested documentation such as insurance, registration, and your driver’s license, do not do or say anything else.
Everything that you say and do can be used as evidence against you. This includes slurred speech, fumbling with your keys or wallet, swaying while standing, having difficulty exiting your vehicle, etc. Do not give a police officer any of this evidence. This is the best way to not be arrested for a DUI. Even if you are arrested for a DUI, if you don’t say or do anything, there will be no incriminating evidence against you and your lawyer should be able to fight the charge.
Being suspected of driving under the influence can be scary. The best thing that you can do is remain calm, be polite, and not give the officer evidence that can be used against you. If you are arrested, immediately request counsel. If you have been arrested for a DUI and still need an attorney, you can contact me. For more about DUIs and Understanding Police Suspicion Tips, you can also contact me.