The simple truth is you never know when a police officer may try to pull
you over when you’re driving. If you are directed to pull over because
the officer notices something off, it can result in the possibility of
them suspecting you may be committing a DUI (driving under the influence).
On the other hand, maybe the police officer pulled you over because of
a DUI checkpoint. In any case, you need to know your rights if you are
pulled over.
Find a Safe Place to Pull Over
First and foremost, when a police officer opts to pull you over at a DUI
checkpoint, find a safe place to pull over. Remember that the officer
will immediately observe any and all of your actions to put in their police report.
Slow down and safely pull over. Keep in mind that if you make any sudden
erratic movement, this can go into the report and make the officer believe
you are intoxicated, even if you are not.
You Don’t Have to Leave Your Car
Usually, when a police officer requests a person to step out of their car,
it’s for safety purposes because they want to ensure that the individual
isn’t concealing a weapon. However, in some cases, they may ask
you to leave your car to take a field sobriety test. However, it is within
your own rights for you to refuse to exit your vehicle to take a field
sobriety test.
Try To Keep It Civil
Always try your best to be polite and respectful to a police officer. If
you behave in a rude manner or begin acting belligerently, you are more
likely to end up getting arrested, even if you are doing nothing illegal.
The officer could report that he felt threatened or that you were acting
intoxicated. Because of this, be helpful and courteous and answer light
questions to the best of your ability. Avoid sounding insincere or sarcastic.
You Don’t Have To Say Much
You also have the right to remain silent or not say too much to the officer.
Don’t offer any information and be curt when answering questions.
Being as quiet as possible can work in your favor. It means there is less
of a chance of incriminating yourself. You can politely say that your
attorney advised you not to answer any further questions.
You Don’t Have To Allow a Search of Your Car
In some cases, a police officer will ask if they can search your car. Unless
the officer has a warrant, you should not allow them to search your vehicle.
If you have something illegal, it can be used against you. Generally,
you should not consent to a vehicle search and the officer should only
have a plain view.
You Can Refuse a Field Sobriety Test
Legally, you are not under any obligation to take a field sobriety test,
even if an officer requests you do so. This is one of the best tools a
police officer has for gathering evidence against you.
However, at the same time, if you are not under the influence of alcohol
or drugs, you could prove it by taking a chemical test at the police station
later, which would prove you cannot be charged with a DUI.
You Can Refuse a Breathalyzer Test
Just as you can refuse a field sobriety test, you can also refuse a breathalyzer
test. These tests are sometimes proven unreliable and can give errant
results. If you refuse to take the test when a police officer requests
it, your license may be suspended, but that doesn’t necessarily
mean you will face jail time. A chemical test is also more effective at
revealing the truth of whether or not a person is actually intoxicated.
Take Notes After You’re Released
If you get arrested, it’s wise to take notes after your release.
Keep a journal or simply jot down everything you remember in a notepad
or on your phone. You’ll want to include the following:
• Where you were and what you were doing before driving
• How much you had to drink and what you drank
• How long after you drank were you pulled over
• The officer’s behavior and instructions they gave you
• What you said to the officer
• Where you were pulled over
• Whether you were read your Miranda rights
• When you took a chemical test and how long it had been since you
had been drinking
Contact an Experienced DUI Defense Attorney
Getting in touch with a criminal defense attorney is imperative after you
have been pulled over and arrested. Even if you were not actually legally
intoxicated, a DUI defense attorney can greatly help you in court. You
will want to present them with the notes you took so that they can begin
building a solid defense. Make sure the criminal defense attorney you
ultimately choose has the knowledge and experience in handling DUI cases.
If you have been arrested after being pulled over at a DUI checkpoint in
Tennessee, contact the Law Office of Joseph A. Fanduzz at {F:P:Site:Phone}
to discuss your possible defense.