First, let’s just clear up the obvious. Do not, under any circumstances drive while intoxicated. Ever! You will pay huge fines, you will destroy someone’s property, or you will take someone’s life or seriously maim them.

There, now that the “dad-talk” is out of the way, let’s talk about real life and how to defend yourself in a DUI traffic stop. In every day life, people might drink a bit at lunch or at dinner and not be intoxicated, or even close to intoxicated, but since they have a little bit of alcohol in their system they are suspect to all sorts of inconvenience when trying to just get home. It doesn’t take many drinks to get put over the .08% BAC (blood alcohol content) level and into the “Intoxicated -driver” category. Even if you are not intoxicated, legally you are. That is why it important to not get pulled over or, better yet, abstain from diving all together. So, take it seriously. This blog post will help you defend yourself when getting pulled over and how to protect your rights in these incidents. Here are a few ways to make sure you don’t get pulled over.

  1. Police need a reason to pull you over. So, the simple answer is to not give them a reason. Obey the speed limits, come to a complete stop at a stop sign, make sure there are no obtrusive defects or damages to the car, and don’t make any hasty or brash vehicle maneuvers. Drive safe and smart, and the police won’t bother pulling you over. This might be a given, but be sure to keep your tags up to date, check your lights to make sure they work, and refrain from having darkly tinted windows, loud exhaust pipes, or un-repaired body or window damages.
  2. Try not to drive after “bar-time” which is the time when most bars close and people are driving home. Police are on the prowl for intoxicated drivers at that time and more readily looking for simple signs to pull someone over. Avoid driving home through areas with taverns, nightclubs, and bars. Police usually hang around these areas waiting to stop intoxicated drivers. It might smart to maybe consider taking an alternative route home.
  3. If you do get stopped, be sure to have your registration and insurance card ready to be given to the police officer. The last thing you want to do in this instance is to be fumbling around the dark for these two pieces of paper. Once the police officer approaches, be courteous and well mannered. You don’t have to admit to anything incriminating, especially if you didn’t do anything wrong. If you were drinking before driving, do not even talk about it. It might have been one glass of wine, it might have been a half shot of whisky, but that right there might be enough reason for the officer to you ask you step out of you car and take a sobriety test.
  4. In the event that the officer does ask you to exit your vehicle, happily oblige and cooperate. He might ask you to perform a series of quick sobriety tests. Just stay calm and work with the officer to make sure he doesn’t get any good reason to qualify you as intoxicated. If he asks you take to a chemical test, however, and you are over the legal BAC, you might be out of luck. Refusing to take one could also have consequences.

It is always smarter to just wait a few hours after drinking alcohol before driving home. Give your body some time to process the alcohol and get it out of your system. This will save you a lot of trouble in the future. Stay pleasant and respectful, but also stay quiet. Saying the wrong thing at the wrong time can only hurt your position. If you have been pulled over by a police officer and you feel that you have been wrongfully accused, then let us help! Our phone number is (209) 900-8200, email our offices at helen@sodhilawgroup.jsksoftware.net or click here to fill out our online webform. We can assist you and help get you back on track.

 

Good luck!