Keep the Following Issues in Mind if You Are Ever Pulled Over for Suspicion of DUI.
- Find a safe place to pull over
- Police can and do use your operation of your car against you. They will put in the report if you drove in an erratic fashion or failed to pull over in a safe location.
- Do not make any sudden movements and Be Polite
- Police officers approach your motor vehicle not knowing anything about you or what is in your car. They are on heightened alert when they approach your car. Keep your hands on the steering wheel until the officer tells you to retrieve any documents.
- Do not answer any potential incriminating questions.
- You Do Not Have to Answer Questions about Consumption of Alcohol or Drugs.
- Other than giving the requested documents you do not need to answer any other questions. Police are trying to get information to use against you. If you were at a party or a bar to get you to admit you were drinking.
- Remember anything you say and do can and will be used against you. Police departments are beginning to use body cameras and your actions can be played in court one day.
- The manner which you speak (slurred, fast, slow, confused) and your body movements (lethargic, dropping things, fumbling) can and will be used against you.
- Remember to take your time exiting the car (if requested to). Police always note if you had difficulty exiting the car and how you walked from the vehicle.
- Remember you can REFUSE all field sobriety tests
- Field sobriety tests are not reliable indicators of intoxication.
- Police use your actions on these tests against you. They use these tests to build their case against you for DUI.
- Most of these tests are difficult to perform sober so remember you can refuse to do these tests.
- Remember you can REFUSE to blow into the roadside Portable Breath Test
- Police use this result to build a case against you and give them evidence to arrest you for DUI
- These tests are not reliable and not admissible in Court
- However, if you refuse you are subject to a CIVIL Fine ($85) and Potential Loss of License.
- If arrested, Request a Confidential Phone Call to Call an Experienced DUI Attorney
- Rhode Island Law (RIGL 12-7-20) allows you a Confidential Phone Call on an unrecorded line.
- Speak with DUI attorney to discuss your case and determine if you should take or refuse the chemical test.
- They will go over your night and discuss what was consumed and when it was consumed.
- Remember you can REFUSE Blood and Breath tests at the Station/Hospital.
- The Police will use the results of these tests against you in court.
- See My Blog Post on “Should I Refuse the Breathalyzer Test?”
- Request an Immediate Physical Examination by a Doctor
- Rhode Island Law (RIGL 31-27-3) allows you to be examined by a doctor of your choosing immediately after your arrest and you must be given a reasonable opportunity to exercise this right
- Request an Immediate Release from the Police Station
- You are entitled to Bail and you should request it
Call Me for a FREE Case Evaluation if you or someone you know was arrested for a DUI.
Protect your rights and get an experienced DUI attorney to protect you!