Whether or not you are driving under the influence of alcohol, the stress of being pulled over by a police officer who has already concluded that you are drunk can make even the most sober driver act a little strangely. If you can remain calm under all of that pressure, and remember the following tips, it is possible that you will emerge from the experience relatively unscathed, and most importantly, without a DUI conviction.
When there is a uniformed police officer standing outside of your vehicle and speaking to you sternly, you may feel as if you can gain the officer’s respect and/or favor by acting submissively and obeying their every command. While standing up for yourself and your rights may be difficult in the moment, it is essential that you do so in order to ensure that your rights are preserved. You do not have to answer every question that is asked of you. Say as little as you possibly can, and request to speak to your attorney immediately. After all, you do have the right to remain silent, and anything that you say can and will be used against you later on.
It’s not just your words that can get you into trouble during a traffic stop and the accompanying DUI investigation. Actions can also be used as evidence against you. You have the right to refuse to perform field sobriety tests, and as such, you can invoke that right during any traffic stop. While you may think that cooperating will win you favor or prove that you are not drunk, remember that the officer who has stopped you has likely made up their mind that you are drunk. In asking you to perform field sobriety tests, the officer is essentially asking you to provide some evidence that he or she can use to support a lawful arrest.
In the spirit of providing as little information as possible to the police officer who wants to arrest you for DUI, you should also know that you may refuse the portable breathalyzer test. While there may be consequences associated with refusing to take a formal breathalyzer test (such as automatic arrest), Kansas drivers are not legally required to participate in roadside testing. As with field sobriety tests, the portable breathalyzer is yet another way for a police officer to collect evidence against you to support an arrest, and to be used later on in hopes of obtaining a conviction.
It is important to understand that even if you follow all of these suggestions, you may still be taken into custody. With that in mind, pay close attention during the traffic stop so that you can determine whether and when you are taken into custody. If you have never been arrested and investigated for DUI before, you may not know that it’s not always obvious when you are in police custody. Keeping drivers in the dark about whether or not they are free to leave creates a gray area in which they might continue to reveal incriminating information in response to police questioning. You can prevent that type of situation by asking the officer whether you are free to leave soon after you are stopped, and at other times during the conversation.
Knowing your rights during a traffic stop and remaining calm enough to stand up for them in the heat of the moment can go a long way towards getting your DUI charges reduced or dismissed. Even if you are able to employ only one or two of the above tips, our knowledgeable Kansas DUI defense attorneys can help you to obtain the best possible outcome in your DUI case. If you have been charged with DUI, contact Cummings & Cummings, LLC today at (316) 264-1548 to learn about your rights and options.