Know Your Rights:

There is nothing worse than the sinking feeling in the pit of your stomach when those red and blue lights pull up behind you and the siren switches on. You’re getting pulled over. But whether you’ve been drinking or not, there are some steps you should follow to avoid being taken advantage of. Know your rights and insist on receiving them. If possible, call an Arkansas DUI lawyer as soon as possible.

Pull Over Calmly and Safely

Remember that as soon as a police officer decides to pull you over for a DWI or DUI, they are making observations that will go straight into the police report. And since vest and dash cams are now the norm, you’re likely being recorded, so you can’t fudge about your behavior in court after the fact. 

If he’s pulling you over, you’ve likely already done something that indicates you might be under the influence (speeding, weaving, going to slow, or turning with no signals, etc.). But your behavior from this point on can mean the difference between a warning; a ticket; and jail time, fines, and a mandatory ignition-locked breathalyzer.

So even though it’s nerve-wracking no matter your level of sobriety, take a deep breath, look around to make sure it’s safe, turn on your blinker, and pull over calmly and smoothly. If you’re a woman (or a man!) and you’re on a deserted stretch of road that makes you uncomfortable, you are within your rights to drive to the nearest gas station, parking lot, or well-lit area. Just don’t speed away as this might come across as the beginning of a car chase. And you don’t want that on your record. 

Don’t Make any Suspicious or Sudden Movements

Officers are trained to protect themselves and be hyper-vigilant so do not get out of the car, do not make any sudden movements, and keep your hands on the steering wheel to avoid misunderstandings. Once the officer has approached and asked for your license and registration, then you can reach for the glove compartment or your purse.

Be Polite

Sometimes the difference between a ticket and a warning is the officer’s mood. So be polite. Don’t call names, sneer, or act annoyed by being pulled over. False bravado is often seen as a sign of intoxication and can only hurt your case. And remember that your conversation is almost certainly being recorded. Use “sir” or “ma’am” and do not become combative or argue at this stage.

Don’t Lie, But Do Not Admit to Being Drunk or Drinking

Police officers are trained to use the adrenaline and anxiety of being pulled over against you. People almost always incriminate themselves in DUI and DWI cases. You are required by law to give them your license, your registration, and your proof of insurance. You are not required to answer questions like “How much have you been drinking tonight?” or “How many drinks have you had?”

You have a legal right not to incriminate yourself. You may remain silent or you can answer, “‘I’m sorry officer, but I’ve been advised not to answer any questions.” At this point be prepared for the officer to apply a lot of pressure. They’ll tell you you can lose your license, that they’ll arrest you unless you answer the question (both of which are real possibilities), but both of those are much less serious than doing jail time because you accidentally incriminated yourself. 

If you’ve only had one or two drinks, you may use your discretion about saying so – it’s not illegal to drink and then drive. It is illegal to drive drunk. And often one or two drinks will not put you over the legal limit, but if you are small, thin, or have a very low metabolism, you should consider not saying anything, just in case.

Do Not Submit to Sobriety Tests

The police officer may ask you to step out of your car, and you should comply (but try not to lean against the car for support or to balance yourself). However, you are not obligated to perform field sobriety tests. These tests are totally voluntary. “I’m sorry. I’m not trying to be difficult. But my lawyer told me never to submit to these tests.”

Many times, even perfectly sober people have trouble with these tests because they require very good balance.

Refuse Hand-Held Breathalyzer Tests

Roadside breathalyzers are notoriously unreliable. There are also many ways to skew the results, making them a dangerous liability for your case. Refusing to blow will likely result in an automatic suspension of your license, but you’ll have your license suspended anyway if you’re found guilty and that’s much less serious than having to go to jail. You may be required to submit to a more serious chemical blood, urine, or breathalyzer test at the station. Do not refuse at that point because you can be charged with resisting arrest. 

If you are given a choice, at the station take the breathalyzer because it is still less reliable than a blood test. 

Contact a DUI Lawyer in Arkansas

If you are pulled over in Arkansas, contact an Arkansas DUI lawyer as soon as possible. Write down everything you can remember about the scenario – what you were doing before you drove, how much you drank and ate, what you and the officer said, if you were read your Miranda Rights, etc. 

After you’ve been released, or when you are at the station, contact an Arkansas DUI lawyer at the Digby Law Firm. We can go over the particulars of your case and help you should you have to go to court.