June 2, 2025
When a police officer pulls you over because they think you might be driving after drinking alcohol, it’s called a DUI stop. These stops can be scary and confusing, and they can often lead to even more stressful situations involving arrests and charges of driving under the influence (DUI).
Following a stop, a DUI defense attorney can protect your rights and handle this tough situation properly.
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Why Police Officers Stop Drivers
Police don’t need much reason to pull you over. They only need what’s called “reasonable suspicion.” This might be:
- Driving too fast or too slow
- Weaving between lanes
- Making wide turns
- Running red lights or stop signs
- Having broken lights on your car
Once they stop you, they look for signs you might be drinking, like:
- Alcohol smell
- Slurred speech
- Red eyes
- Confused answers to simple questions
Your Basic Rights During a DUI Stop
When you’re stopped by police, you still have important rights that protect you:
You have the right to remain silent
The Fifth Amendment of the Constitution gives you the right to not answer questions that might get you in trouble. While you should provide basic information like your name, driver’s license, registration, and insurance, you don’t have to answer questions about where you’ve been or if you’ve been drinking.
You can politely say, “I would rather not answer any questions without a lawyer present.” This isn’t being rude – it’s using your legal rights.
You can refuse field sobriety tests
Field sobriety tests are the physical tests officers ask you to do on the side of the road, like:
- Walking in a straight line
- Standing on one leg
- Following a pen with your eyes
Many people don’t know these tests are voluntary in most places. You can politely refuse to take them. However, refusing might lead the officer to think you have something to hide, which can lead to more serious testing.
Only limited searches are allowed
Police can look inside your car if they see something illegal in plain view or if they have good reason to think there’s evidence of a crime. But they cannot search your entire vehicle without:
- Your permission
- A search warrant
- A real emergency
- Evidence that you’ve committed a crime
If an officer asks to search your car, you can politely say no. They might search anyway, but your DUI defense lawyer can challenge this later if they didn’t have a good legal reason.
Traffic Stops vs. DUI Checkpoints
A regular traffic stop happens when an officer notices something wrong with your driving. A DUI checkpoint is different – it’s a planned spot where police stop many cars to check for drunk drivers.
At checkpoints, police must:
- Follow set rules about which cars to stop (like every third car)
- Keep stops short and simple
- Give advance notice about the checkpoint
- Make sure officers are properly trained
Even at checkpoints, you still have most of the same rights as during a regular stop.
Common Questions About DUI Stops
Can I drive away from a traffic stop?
No. Once an officer signals for you to pull over, you must stop. Driving away is a serious crime called “fleeing” or “eluding police” that can lead to harsh punishments.
Do I have to do the breathalyzer test?
This is tricky. There are two types of breath tests:
- Portable breath tests on the roadside (usually can be refused)
- Official breath tests at the police station (refusing often leads to automatic penalties)
Many states have “implied consent” laws. These mean that by driving on public roads, you’ve already agreed to take chemical tests if asked. Refusing can lead to automatic license suspension, even if you weren’t drinking.
What if I think the officer violated my rights?
Stay calm during the stop. Don’t argue with the officer. If you believe your rights were violated:
- Remember details about what happened
- Get the officer’s name and badge number, if possible
- Tell your lawyer everything
A good DUI defense lawyer can help challenge evidence that was collected by violating your rights.
Why Getting Help From a DUI Defense Lawyer Matters
Facing a DUI charge is serious. It can affect your:
- Driving privileges
- Job opportunities
- Insurance costs
- Freedom (if jail time is ordered)
An experienced DUI defense attorney can:
- Review if your stop was legal
- Check if tests were done correctly
- Find weaknesses in the evidence against you
- Negotiate for reduced charges when possible
- Protect your rights throughout the process
Many people think they should just plead guilty if they were drinking. But police and testing equipment can make mistakes. Your case might have issues that can lead to reduced charges or even dismissal.
What To Do If You’re Stopped
If you’re pulled over and an officer suspects DUI:
- Pull over safely and turn off your engine
- Keep your hands visible on the steering wheel
- Be polite, but remember your rights
- Provide your license, registration, and insurance when asked
- Avoid sudden movements that might make the officer nervous
- Remember, you can politely decline to answer questions about drinking
- If arrested, clearly ask for a lawyer
Even if you’ve done nothing wrong, staying calm and respectful helps keep the situation from getting worse. Remember that everything you say and do is being observed and might be used later.
Getting Help from a DUI Defense Lawyer
If you’ve been arrested after a DUI stop, getting legal help quickly is important. DUI laws are complicated, and the consequences can be serious. A DUI defense attorney can guide you through the process and work to protect your rights and your future.
DUI stops are stressful moments when important legal rights come into play. Knowing what you can and cannot do helps you make better decisions during this difficult situation. While this information gives you a basic understanding of your rights, every case is different. Getting personalized legal advice is the best way to handle your specific situation.
Remember: The goal of knowing your rights isn’t to make police work harder but to make sure you’re treated fairly under the law. Being informed helps ensure the justice system works as it should.