Pulled Over for DUI
What to Do If You're Pulled Over for DUI
The first 30 minutes of a DUI stop often determine the outcome. What you say, what tests you take, and what you decline shape the prosecution's case before you've ever met a lawyer. Here is what every driver needs to know - in plain English, not legalese.
The Short Answer
Be polite. Hand over license, registration, insurance. Don't volunteer information. Decline field sobriety tests politely (in most states, they're not required). Decide on the breath test based on your state's implied consent rules - refusing usually triggers automatic license suspension but denies the prosecution evidence. Don't talk about what you drank. Don't apologize. Call a DUI lawyer the moment you're released.
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When the lights come on
Pull over safely as soon as you can. Right turn signal, right lane, low-traffic spot. The officer is watching your driving from the moment they activate the lights.
Park, turn off the engine, turn on interior lights, place hands on the wheel.
Wait for the officer to approach. Don't get out of the vehicle unless asked.
Be polite from the first word. Calm, respectful, no argument. Officers' reports describe demeanor; "cooperative" beats "combative" in court.
Hand over license, registration, and proof of insurance when asked. These are required by law.
Don't reach for documents until asked. Sudden movements toward glove compartments make officers nervous and end up in reports.
When the officer asks if you've been drinking
You are not required to answer. The Fifth Amendment protects you from self-incrimination. "I'd rather not answer that question, officer" is appropriate.
Don't lie. Lying to police can be a separate crime in some states and is devastating evidence at trial.
Don't confess. "I had two beers with dinner" sounds like a small admission. It's usually game over - it confirms alcohol consumption and gives the prosecution a starting point. "Two beers" said by every person who is later convicted is documented in countless DUI training videos.
Don't say where you were coming from in detail. "A bar with friends" is enough to raise suspicion; "I had two drinks at McMurphy's" is itself a confession.
If you've had nothing to drink, you can say so. Otherwise, decline politely.
Don't argue with the officer or explain. The roadside is not the place to win the case. Save it for court.
Field sobriety tests
Standardized field sobriety tests (SFSTs) are: walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN, the eye-following test).
In most states, you can decline field sobriety tests without legal penalty. They are not the same as the chemical test (breath/blood). Refusal of FSTs typically does not trigger automatic license suspension.
Why decline: even sober people fail FSTs at high rates. NHTSA's own studies show 35-40%+ false positive rates among sober subjects. Cold weather, uneven pavement, footwear, fatigue, age, weight, and medical conditions all affect performance.
How to decline politely: "I'd prefer not to take field tests, officer. I'd like to speak with my attorney."
If you take them: do your best, follow instructions exactly, and ask for clarification if needed. Officers will document everything.
Many DUI cases turn on whether the officer correctly demonstrated and instructed the FSTs to NHTSA standards. Body-cam footage is gold for the defense if the FSTs were administered improperly.
The breath test - the hard decision
Pre-arrest preliminary breath test (PBT). Hand-held device used at the roadside before arrest. In most states, PBT refusal carries minimal penalty; PBT results are often not admissible in court.
Post-arrest evidentiary breath test. The big one - administered at the police station on a calibrated machine (Intoxilyzer, DataMaster, etc.). Refusing this triggers serious consequences in every state under "implied consent" laws.
Refusal consequences vary by state but typically include: automatic license suspension (1 year for first refusal in many states; 18 months to 3 years for second refusal); admission of refusal as evidence at trial in many states; sometimes a separate criminal charge for refusal itself.
Refusal benefits: denies the prosecution direct chemical evidence of BAC. In cases where you're heavily over the limit, refusal can be the difference between conviction and acquittal.
When refusal often makes sense: heavy drinking, multiple offenders, commercial drivers (CDLs - one DUI ends your career), and pilots/professionals with licensure consequences.
When refusal often doesn't: borderline cases where you might be under the limit and the BAC could exonerate you; first-time DUIs in states where refusal carries automatic conviction-equivalent penalties.
This is a state-specific, fact-specific decision. If you have any doubt, decline politely and ask for an attorney - some states allow you to consult counsel before deciding (though typically just for a few minutes).
If you're arrested
Don't resist. Comply with handcuffing and transportation. Resisting arrest is a separate crime and provides additional bad evidence.
Invoke your right to counsel: "I want to speak with my attorney before answering any questions." Do not say anything else.
Stay silent at the station. The Fifth Amendment continues to apply. Don't engage in small talk; police use casual conversation to build cases.
Don't answer the booking questions beyond your name, address, date of birth, and basic identifying info.
Refuse interrogation: "I am exercising my right to remain silent and want to speak with my attorney." Repeat as needed.
Don't sign anything except as required for booking. Specifically don't sign anything labeled "waiver," "consent," or "acknowledgment."
Take whatever phone call you're allowed and call: a DUI lawyer first if you have one (or have a number ready); otherwise, a family member with instructions to find a lawyer immediately.
After you're released
Document everything you remember. As soon as possible, write down: time, location, what you ate, what you drank, when, how much, how you felt, what the officer said, what tests you took, what you said. Memory fades quickly.
Save all paperwork. Citation, bond receipt, hospital paperwork if blood was drawn, jail-release paperwork, vehicle-impound paperwork.
Photograph any visible injuries from the arrest.
Don't post about it on social media.
File the DMV / DHSMV hearing request within the deadline. Most states require it within 10 days of arrest. Miss it and your license is suspended automatically.
Hire a DUI lawyer the day after release. Most offer free initial consultations and have 24/7 intake. The early days are critical for evidence preservation and license-hearing preparation.
Don't drive. If your license is suspended, driving on a suspended license is a separate crime that compounds your problems.
Don't talk to the police again without your lawyer.
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Frequently asked questions
Do I have to take field sobriety tests?
In most states, no. FSTs are optional and refusal typically doesn't trigger automatic license suspension. The chemical (breath/blood) test is the one with implied-consent consequences.
Can the officer search my car if I refuse consent?
Police need probable cause to search without consent. DUI stops sometimes generate probable cause (open container in plain view, smell of marijuana). Polite refusal: 'I do not consent to a search, officer.'
Will it look bad if I refuse the breath test?
Refusal can be commented on at trial in most states (the jury can be told you refused). It's case-specific whether refusal helps or hurts overall - depends on BAC, prior history, and state.
Should I take the breath test if I've had nothing to drink?
Probably yes. The reading will likely exonerate you. But refusal is your right; the trade-off is the implied-consent suspension vs. a clean evidentiary record.
How long do I have to request the DMV hearing?
10 days from arrest in most states. Some are 7 days; some are 14. Miss it and suspension is automatic. Call a DUI lawyer the day you're released.
What if I'm taking medication that affects driving?
Prescription medication-related DUIs (DWI, OUI by drug) are still DUIs in most states. Tell the officer at the appropriate time and document your prescription. Talk to a DUI lawyer immediately - drug DUIs are technical and defensible.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team