What to Do If I am Pulled Over & I Have Been Drinking?

Published On: April 11, 2022Categories: DUI, DUI Lawyer

It’s never a good idea to get behind the wheel of your car if you have been drinking. Driving while under the influence can negatively impact your ability to properly operate your vehicle. If a police officer suspects you to be drinking and driving, you will be pulled over. Before you find yourself in this position, listen to these tips from a DUI lawyer

Do’s & Don’ts From A DUI Lawyer

Being stopped for drinking and driving may make you feel anxious and cause you to act impulsively. It’s important you remain calm and remember your rights. While following this advice won’t necessarily prevent you from being arrested, it will help a DUI lawyer build a reasonable defense. 

Pull Over 

If a police officer signals for you to pull over, you need to comply for the safety of everyone involved so that you don’t further complicate your legal situation. In Ohio, if you fail to pullover for the police you can be charged with a first degree misdemeanor. This will only compound your problem if you are also charged with an OVI offense. 

Additionally, not pulling over can set in motion a chain of events that could end in tragedy for you and or the officer involved. Remember that a police officer doesn’t know what they may encounter in a traffic stop, so it’s important that you remain calm, polite, and cooperative to avoid any chance of escalating the situation.

Be Polite And Remain Quiet

It’s likely that your exchange with a police officer pulling you over will be recorded. It’s therefore important that you not give the officer, or anyone watching the recorded exchange in the future, any reason to believe you were unreasonable, rude, or combative. If possible, have your driver’s license and registration available, but have both your hands in plain sight on the steering wheel when the officer approaches your car window.

Don’t Incriminate Yourself

Upon the officer’s request, you will have to provide your driver’s license, registration, and proof of insurance. However, it’s important that you don’t volunteer any other information. It’s better to remain silent if you are asked if you have been drinking. Again, this information is being recorded and can be used against you later. 

Remember, the only information you are obligated to provide is your name, license, registration, and insurance. Even if you are feeling pressured to verbally respond to the officer, it’s best that you politely inform the officer that your attorney has advised you to not answer any questions. 

Don’t Complete Field Sobriety Tests

If the officer asks you to step out of your vehicle you must comply. However, you can decline to complete a field sobriety test and explain that you are doing so upon the advice of your lawyer. These field sobriety tests are unreliable and you may fail them regardless of the amount of alcohol you’ve consumed or whether or not you are impaired. 

Contact A DUI Lawyer

Don’t make any statements to the police officer if you are arrested and placed in their vehicle. Any statement you make is being recorded and will be used in the case against you. Do ask permission to speak with your lawyer and give them a call. 

A DUI lawyer will guide you through your rights and through the legal process. They will listen to you, explain your options, and offer sound advice. The sooner you make contact with a DUI lawyer, the sooner they can begin protecting your rights while working on your behalf for the best possible outcome. 

Schedule A Consultation

Over the last decade, the attorneys at The Martinez Firm have successfully represented clients facing DUI/OVI charges. We understand that people make mistakes and we want to minimize the fallout. We will work to achieve the best possible outcome for your case. Give an experienced DUI lawyer a call at 216-875-5555 or contact one on our website.

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