When drivers are stopped for DUI in Wichita or the surrounding areas of Kansas, it can be a terrifying experience. Everyday upstanding citizens from all walks of life are cited or arrested for DUI, including professionals, police officers, judges, teachers and those in virtually all occupations. When you are stopped by the police and know you have been drinking, there is an understandable tendency to panic. However, the way you respond when you are pulled over by a law enforcement officer can play a significant role in determining whether you spend the night at home or in a county jail cell. At the Sedgwick County DUI defense law firm of Cummings and Cummings, we see many clients that make critical errors because they are overwhelmed by stress and fear during a traffic stop after consuming alcohol. We have provided a number of answers to common questions we see about how to handle a DUI stop.
Take a Deep Breath and Relax: This suggestion is far more important than you might think when it comes to avoiding a DUI arrest and/or conviction. Drivers often presume that most DUI stops all proceed along a fixed pattern: (1) stop, (2) discussion, (3) field sobriety testing, (4) breath testing of BAC and (5) arrest. Many times when officers pull over a driver, they do not have sufficient legal justification to conduct BAC testing or field sobriety testing. The officer will look for physical signs of intoxication like watery red eyes, slurred speech or the odor of alcohol to justify initiating a DUI investigation. If you act unusually nervous or evasive, the officer may attempt to use this to justify prolonging the stop and investigating further.
Do Not Be a Chatty Kathy: This may be the biggest mistake made by motorists stopped by police in Sedgwick County. Many people assume that if they are cooperative the officer will be more likely to let them go. The exact opposite is true! If you admit to drinking, using prescription drugs or consuming a controlled substance, the officer will often use this information to initiate a DUI investigation and present this information in court. While you must provide your Kansas driver’s license when lawfully stopped, you do not have to answer questions about where you are coming from or whether you have been drinking. One way to handle these questions is to indicate you would like to speak to an attorney before answering any questions. It is also worthwhile to ask if you are free to leave.
Just Say No: The officer may ask you to submit to field sobriety testing or a field blood alcohol concentration (BAC) breath test. If you have had anything to drink or taken any form of drug prior to driving, you should respectfully decline to participate. These tests are used to establish probable cause for a DUI arrest. Voluntarily participating in these tests in the field may provide additional evidence against you while offering no benefit to you.
Be Courteous: While law enforcement officers are not supposed to arrest you for being rude, they are normal people who may be controlled by their emotions. If you are argumentative and verbally hostile, this may escalate a situation and give the officer reason to look extra close for a reason to arrest you.
Admittedly, these suggestions are simple and fairly straightforward, but many motorists fail to observe these practices when overwhelmed by the stress of flashing red lights and an armed police officer. If you or a close family member have been arrested for DUI, experienced Sedgwick County DUI defense attorney Bill Cummings provides a diligent defense to protect his clients from the harsh penalties of a Kansas DUI conviction. We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can hel