What Should I Do If Pulled Over for Suspected DUI?

Being pulled over for suspected DUI (Driving Under the Influence) is a stressful and potentially life-changing experience. Your actions and decisions during the stop can significantly impact the outcome of your case, your driving privileges, and even your freedom. This comprehensive guide will walk you through every step of a DUI stop, explain your rights and obligations, and provide practical advice to minimize the legal consequences.
Whether you’re in California (ZIP 90001), Texas (ZIP 73301), Florida (ZIP 33101), or anywhere in the United States, understanding what to do if pulled over for suspected DUI is crucial. This article also includes frequently asked questions, state-specific notes, and direct access to experienced DUI attorneys for immediate help.
Understanding DUI Stops: Why You Might Get Pulled Over
Police officers are trained to detect signs of impaired driving. You might be pulled over for:
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Swerving, drifting, or weaving between lanes
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Speeding or driving too slowly
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Failing to obey traffic signals or stop signs
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Sudden braking or erratic maneuvers
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Headlights off at night or other equipment violations
Sometimes, DUI checkpoints are set up where all drivers are briefly stopped. If you are pulled over or stopped at a checkpoint, remain calm and remember that the officer is observing everything you do.
Immediate Steps: What to Do When You See Police Lights
When you see flashing lights behind you:
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Pull Over Safely: Signal and pull over to the right side of the road as soon as it is safe.
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Turn Off the Engine: Place your vehicle in park and turn off the ignition.
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Stay in the Car: Unless instructed otherwise, remain seated with your hands visible on the steering wheel.
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Turn on Interior Lights: At night, turn on your dome light so the officer can see inside the car.
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Wait for Instructions: Do not rummage for documents until asked; sudden movements may alarm the officer.
Your calm and cooperative demeanor can set the tone for the encounter.
How to Interact With the Officer
Be respectful and polite. When the officer approaches:
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Greet the officer calmly (“Good evening, officer.”)
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Follow all instructions carefully.
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Avoid sudden movements or reaching for anything without being asked.
The officer will be observing your speech, coordination, and appearance for signs of impairment. Slurred speech, bloodshot eyes, or the smell of alcohol may be noted in their report.
What Documents to Provide
You are legally required to provide:
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Driver’s license
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Vehicle registration
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Proof of insurance
Have these documents readily accessible. Only reach for them when the officer asks. If they are in a glove compartment or bag, inform the officer before reaching (“My registration is in the glove box, may I get it?”).
What to Say (and Not Say) to Police
What to Say
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Provide your name and basic information as required.
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Politely answer questions about your identity and provide documents.
What Not to Say
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Do not admit to drinking or using drugs.
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You are not required to answer questions such as “Have you been drinking tonight?” or “Where are you coming from?”
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Politely decline to answer incriminating questions: “Officer, I prefer not to answer any questions without my attorney present.”
Anything you say can be used against you in court. You have the right to remain silent beyond providing identification and documents.
Should You Take Field Sobriety Tests?
Field Sobriety Tests (FSTs) are physical and cognitive exercises (like walking heel-to-toe or standing on one leg) used to assess impairment. These tests are:
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Voluntary in most states: You can politely refuse to take them.
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Subjective: Performance can be affected by nerves, medical conditions, or even weather.
Refusing FSTs may not carry immediate penalties, but the officer can still arrest you based on other observations. The results of these tests are often used as evidence in court, but their reliability is frequently challenged.
If you’re unsure, get a free legal consultation now or call 833-279-1850.
Should You Take a Breathalyzer or Chemical Test?
Preliminary (Roadside) Breathalyzer
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Often voluntary: You may refuse, but refusal can be used as probable cause for arrest.
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Not always admissible in court: Results from portable devices are less reliable.
Official Chemical Test (Breath, Blood, or Urine)
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Implied consent laws: By driving, you consent to an official chemical test if lawfully arrested.
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Refusal consequences: Refusing after arrest can result in automatic license suspension (often 6 months to a year for first offense) and may be used as evidence of guilt.
In most cases, refusing the official test after arrest has significant administrative penalties. If you believe the stop was unlawful or have questions about your rights, consult an attorney immediately.
For personalized advice, connect with a DUI lawyer or call 833-279-1850.
What Happens If You Are Arrested?
If the officer believes there is probable cause, you will be arrested and:
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Handcuffed and transported to the police station or jail
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Booked (photographed, fingerprinted, personal information recorded)
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Asked to take an official chemical test (if not already done)
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Possibly held until sober or until bail is posted
You will receive paperwork detailing the charges and information about your court date and license suspension.
How to Protect Your Rights After a DUI Arrest
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Remain Silent: Do not answer questions about your drinking, drug use, or activities.
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Request an Attorney: Clearly state, “I want to speak to a lawyer.”
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Do Not Consent to Searches: Unless officers have a warrant or probable cause, you can refuse vehicle searches.
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Document Everything: As soon as possible, write down all details of the stop, arrest, and your interactions with police.
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Attend All Hearings: Missing court dates can lead to additional penalties.
Early legal intervention is critical. Get a free DUI case review now or call 833-279-1850.
State-Specific DUI Laws and Penalties
DUI laws and penalties vary by state. Here are some examples:
California (ZIP 90001)
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Legal limit: 0.08% BAC for adults, 0.01% for drivers under 21
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First offense: Up to 6 months jail, $390–$1,000 fine, 6-month license suspension
Texas (ZIP 73301)
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Legal limit: 0.08% BAC for adults, 0.00% for minors
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First offense: Up to 180 days jail, $2,000 fine, 90-day license suspension
Florida (ZIP 33101)
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Legal limit: 0.08% BAC for adults, 0.02% for drivers under 21
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First offense: Up to 6 months jail, $500–$1,000 fine, 180-day license suspension
Penalties increase for repeat offenses, high BAC, accidents, or if minors are present in the vehicle.
For state-specific guidance, contact a DUI attorney now or call 833-279-1850.
How a DUI Attorney Can Help
A skilled DUI lawyer can:
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Analyze the legality of the stop and arrest
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Challenge the validity of field sobriety and chemical tests
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Represent you at administrative license suspension hearings
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Negotiate for reduced charges or alternative sentencing
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Defend you in court and protect your rights
Don’t face DUI charges alone. Get connected with a top DUI lawyer or call 833-279-1850.
Frequently Asked Questions (FAQs)
1. Can I refuse to answer police questions during a DUI stop?
Yes. Beyond providing your name, license, and registration, you have the right to remain silent.
2. Will I lose my license if I refuse a breathalyzer?
Most states impose automatic license suspension for refusing a chemical test after arrest.
3. Do I have to take field sobriety tests?
In most states, FSTs are voluntary, and you can politely refuse.
4. Can I be arrested if my BAC is below 0.08%?
Yes. If the officer believes you are impaired, you can still be arrested even if you are under the legal limit.
5. How soon should I contact a lawyer after a DUI arrest?
Immediately. Early legal advice can protect your rights and improve your outcome.
6. Can a lawyer get my DUI charges reduced or dismissed?
Yes. A skilled attorney can challenge evidence, negotiate with prosecutors, and may be able to reduce or dismiss charges.
7. What should I do if I have a medical condition affecting sobriety tests?
Inform the officer and your attorney. Medical conditions can affect FST results and may be used in your defense.
Have more questions? Speak with a DUI lawyer now or call 833-279-1850.
Being pulled over for suspected DUI is a serious event, but you have rights and options. Remain calm, be polite, provide required documents, and avoid self-incrimination. Know your rights regarding field sobriety and chemical tests, and request a lawyer as soon as possible.
If you or a loved one is facing DUI charges, don’t wait. Get a free case review with an experienced DUI attorney or call 833-279-1850 now. Early legal intervention can make a significant difference in the outcome of your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. DUI laws and procedures vary by state and individual circumstances. For legal advice, consult a qualified attorney.
For more information, visit the National Highway Traffic Safety Administration or your state’s Department of Motor Vehicles website.