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What Should I Do If I'm Pulled Over?


If you are pulled over in a DUI, your behavior could have direct implications on your future. As soon as you see those blue and red lights flashing in your rearview mirror, find a safe place to pull over. Pull over slowly and calmly. Speeding up or swerving erratically may indicate that you are intoxicated, and the police officer may put this in your report. Don't make any sudden movements when pulled over and keep your hands on the wheel to ensure full compliance.

It is essential that you be police when discussing the traffic stop with the officer. If you treat an officer with respect, it reduces your possibility of being arrested. Even if you are arrested, you can rest assured that you will not be charged with any additional crimes for disrespecting an officer. You have the right to remain silent, and this is the best way to handle your DUI case.

Don't lie if interrogated by an officer and don't answer incriminating questions. You have the right to refuse field sobriety tests, so if you are asked to perform them, you can say no. However, if you are asked to take a chemical test, you will need to submit. You don't have to agree to take a test in a hand-held Breathalyzer. These are notoriously unreliable. Instead, you can request to be taken to the police station and issued a chemical test there. Lastly, contact an attorney if you suspect that you will be charged with a DUI.

Here are some things that you should not do during a traffic stop:

  • Don't talk back to the officer
  • Don't refuse a chemical test (blood or breath test) that is issued at the police station
  • Don't admit that you have been drinking or driving drunk
  • Don't perform field sobriety tests
  • Don't try to drive away or flee the scene of the arrest

Your behavior at a traffic stop can have direct implications on your future. If you are charged with a DUI, you may also face additional penalties for the way that you responded to an officer during a traffic stop. Make sure to enforce your rights while still being respectful of your authorities.

If you want more information about DUI arrests, call a trusted individual at our San Jose DUI firm today for assistance. The Law Offices of Adam Allen Arant wants to help you fight your charges! We are accomplished and knowledgeable team that is well-trained to help you tackle difficult charges.