What do pulled over dui

The officer will ask you to admit to how much you've had to drink, but will not ask follow-up questions like: "what kind of alcohol, what size drinks, when did you consume alcohol, did you eat anything? It is not legal to drink and then drive impaired. So, if you do admit to drinking, make sure to explain what kind of alcohol, when you drank it, over what course of time you drank it, and whether you had anything to eat with it.

Police can ask you to step out of your vehicle, however, they cannot force you to perform field sobriety tests. These tests are completely voluntary.

When an officer asks you to step out of your vehicle you need to comply but do not use your door or vehicle for balance when exiting.

Once out of your vehicle, respectfully refuse to perform all field sobriety tests. NOTE: never perform field sobriety tests, because they are very difficult and very specific balancing tests. If you have poor balance, you will definitely fail these tests regardless of how much alcohol consumed.

When pulled over for DUI, politely decline when the officer asks you to take a breath, blood, or urine test, if you have been drinking. For many reasons: 1. If you do answer questions, do so calmly and politely. Do not argue with the police or raise your voice.

Never get out of the car unless instructed to do so. If you are asked to step out of the vehicle, do so slowly but do not use the car door to keep your balance. If you are asked to perform any physical tests such as looking at and following the tip of a pen, politely decline. You are not legally required to submit to field sobriety tests. If you are asked to take a portable, roadside breath test before you have been arrested, you can politely refuse.

Politely tell the officer you will not perform any tests without an attorney present. Never resist arrest by yelling, moving away from the police, or running. If you are arrested, ask for an attorney right away and do not answer questions until your lawyer arrives. Resources Privacy Policy Disclaimer Sitemap. You do not have JavaScript enabled. In that case, exit your vehicle. Never argue with law enforcement; the officer will interpret any refusal to get out of the car as an attempt to evade or a threat of danger.

If you have not had a drink all day and know with percent certainty that all of your faculties are in good working order, you might feel safe to submit to the standardized field sobriety tests SFST.

But keep in mind that if an officer has asked you to take one, she already has a reason to believe you are intoxicated. Also, there are a lot of things that can affect the outcome of an SFST, such as certain medications and medical conditions, poor coordination, and illness.

And remember — everything you do is on video. If asked to take the test, you can politely tell the officer that you refuse. The state cannot suspend your license because of your refusal to take the field sobriety test. However, the officer can still arrest you if she has other cause to believe you are intoxicated, e. Also, if the court tries you for a DUI, the officer can submit your refusal as evidence in your case, which may lead the judge or jury to believe you had something to hide.

If the officer has reason to suspect you were driving under the influence, she can ask you at any time to take a breathalyzer or submit to chemical testing.

So what should you do? We recommend refusing the breathalyzer test. Despite implied consent, you can refuse. And the police typically cannot physically force you to take a chemical test, though they may draw blood for chemical testing if you are unconscious or if they determine someone has been seriously injured or killed.