The Three Biggest Mistakes Motorists Make When Pulled Over for Suspicion of DUI

It is Friday night and you are driving home after an evening out with friends for dinner. It is late and you are tired, but all of a sudden you are very awake. Your heart is banging loudly in your chest as your brain quickly comprehends those flashing blue lights in your review view mirror. You are being pulled over. You try not to panic—but suddenly your mind is all aflutter. Were you speeding? Did you miss a light? You had a few glasses of wine with dinner—but now you are wondering if you drank too much. As you watch the officer approach your car, all you can think is—what should I do? Just as important as what to do is what not to do. The following are a list of the most common mistakes drivers make when they are pulled over on suspicion of DUI:

  • Try to talk your way out of it: It is natural for people especially when they are nervous to become very chatty. Some people think when they are pulled over on suspicion of DUI that they can somehow just explain everything away. Police officers are not dumb and cannot be sweet talked out of charging you with a DUI. One of the biggest mistakes driver’s make when an officer suspects the person of driving under the influence is to talk. While admitting to an officer that you have consumed alcohol earlier in the evening is not a crime, it does give the officer reason to ask more questions. If the officer begins to ask questions related to your consumption, remember you have the right to refuse to answer the officer’s questions. You can simply respond, by saying “I choose not to respond”. Do not lie. However, by  volunteering information you are only helping the officer build his or her DUI case against you.
  • Think if you cooperate all will be okay: Another approach motorists often mistakenly take when pulled over for DUI is to think that if they just cooperate that all will be okay. At the traffic stop when the officer requests your license and registration, you need to hand these documents to him or her. If the officer requests that you step out of the vehicle, you need to do this as well. However, if the officer asks you to complete a road side field sobriety test, you do not have to engage in this activity. Completion of a field sobriety can in most cases only increase your chances of being charged with a DUI not decrease it. These tests are very difficult for even sober individuals to pass.
  • Become rude, attitudinal, or disrespectful towards the officer:  At no time while your vehicle is pulled over should you show any disrespect or be rude to the officer. Now this does not mean that you have to do everything the officer requests (i.e. field sobriety tests), but it does mean that you should decline politely. You will not win any points with the officer by being attitudinal or rude.

Driving under the influence or DUI is an offense that needs to be taken seriously. Only a skilled Kansas DUI Defense Attorney can thoroughly review your case to make certain that all of your defenses are presented. If you have been charged with DUI, call The Whitman Law Offices today at (785) 843-9460 to schedule your free and confidential consultation. For almost four decades, attorney Charles E. Whitman has represented persons charged with DUI. Trust the Whitman Law Offices to provide you with aggressive representation both in and out of the courtroom.


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