How to Handle a DUI Stop

DUI, Rights

How you handle a police encounter in a possible DUI situation can have a significant impact on the outcome, whether you’re intoxicated or not. Which test you submit to can make a difference in the evidence compiled against you, so it’s important to know the difference. Here are some tips on how to responsibly handle being pulled over for a suspected DUI.

Which Test Should You Take?

Lawyers may give you different advice on whether to submit to a field sobriety test or a breathalyzer, while many may advise you to forego both and opt for a urine or blood test.

Field Sobriety Tests

A standardized field sobriety evaluation consists of three different tests: the horizontal gaze nystagmus (HGN)–also known as the follow-the-finger test; the walk and turn (WAT)–also known as “heel to toe;”  and the one leg stand (OLS). There is no rule saying you have to submit to the field sobriety tests. However, be advised that refusing to take one could land you in jail; the payoff is that not taking the test may results in less incriminating evidence against you. There are arguments for both sides so know you’re rights.

In the HGN, an officer is not actually looking at whether you can follow his pen with your eyes; officers are looking for nystagmus, or eye jerking. A video of the test could show whether the test was performed properly–and whether your eyes were twitching or not. Nystagmus will occur if your blood alcohol concentration is .08 or greater, but could also be present if you have other medical conditions such as diabetes.
While you may very well have walked in a straight line when asked by an officer, the WAT test actually looks for eight different clues: starting too soon, balance, stopping while walking, not touching heel to toe, stepping off the line, raising arms for balance (more than 6 inches from your body), turning improperly or losing balance while turning, and taking the wrong number of steps.
In the OLS test, you will be asked to stand on one leg and count for thirty seconds. Officers are watching for four clues: putting your foot down, raising arms for balance, swaying, and hopping. Do two or more of these and you’ll fail the test.

Chemical Tests

A breathalyzer test — the refusal of which can result in around a year of license suspension in many states — uses a device to measure the amount of alcohol in your breath, which relates to your blood alcohol concentration. If you consent to the test, you will blow air into a tube leading to a chamber which will measure your BAC.
If arrested for DUI, you must submit to some type of chemical testing: if not the breathalyzer, you’ll be doing a blood test or a urine test. Blood testing is generally thought to be the most accurate type of blood alcohol testing, while urine is considered the least accurate (if you haven’t urinated recently, the police may get a too-high reading, which doesn’t reflect your current blood alcohol concentration).

Tips For Handling a Police Encounter

Keeping your cool will always help you in an encounter with the police. Use these tips when being pulled over for DUI:
  1. Have your license and registration ready. You know you’ll be asked to show your license, registration, and insurance card if you get pulled over, so have them where you can get them quickly. Fumbling is one of the things an officer might write down in a report, so you’ll definitely want to know where your documents are when it’s time.
  2. Don’t talk too much. Never make any statements that may admit guilt. When a cop asks you how much you’ve been drinking, you can simply answer that you’ve been advised by a lawyer not to answer such questions. If you are on medications that could impair your driving or have a medical condition, this could make defending against a DUI easier.
  3. Use your phone call. If you are taken into a police station, call a friend. Allowing someone to hear that you are not slurring words can be useful later at trial–even more useful, however, would be a voice message left on your own phone showing that you were obviously coherent at the time.
  4. Take note of the details. When you get home, write down everything that happened while it’s fresh in your mind. “I don’t remember what happened that night,” will not help you in court.
While the best and safest advice is to never drink and drive, it’s smart to know how to best handle the situation should you be stopped for a suspected DUI. Act smart, be courteous, and pay attention if the situation ever arises.