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Common Mistakes to Avoid During a DUI Traffic Stop

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

Drunk Driving Lawyer

Getting pulled over for suspicion of drunk driving can definitely be nerve-wracking. You may wonder if you will get arrested. What you say and do will affect what happens next. Here are a few common mistakes to avoid during a DUI traffic stop.

Getting Out of Your Vehicle

When you’re pulled over by a police officer for suspicion of drunk driving or anything else, you should never step out of your vehicle without permission. If you just get out of your vehicle abruptly, the officer may assume their safety is at risk, making the situation worse.

Volunteering Too Much Information

During a DUI traffic stop, you’re only required to provide your driver’s license and insurance information. You don’t have to answer any other questions. In fact, it’s in your best interest to say as little as possible. If you admit to having a few drinks or sitting at a bar earlier that night, it can be used against you later on.

Submitting to Field Sobriety Tests

If a police officer stops your vehicle because he or she suspects you’ve been drinking and driving, you may be asked to submit field sobriety tests. These tests may include the balance test, finger to nose test and alphabet test. However, these tests are only reliable if they are measured and instructed the same way every time. Unfortunately, they’re not. Additionally, you can perform poorly on these tests if you’re nervous or tired.

In New Jersey, you’re not legally required to submit to field sobriety tests. Therefore, there is no good reason to take these tests. If a police officer requests that you submit field sobriety tests, politely decline.

Refusing a Breath Test

While you’re not required to submit to field sobriety tests, you are required to take a breath test. In New Jersey, you give implied consent to submit to chemical tests if suspected of a DUI. If you refuse to submit to a breath test, you may face additional charges.

Not Requesting a Lawyer

It is your right to speak to a lawyer when facing criminal charges. Unfortunately, not all people suspected of drinking and driving know that. When you’re pulled over for suspicion of drunk driving, you can request a lawyer before offering any information.

If you’re facing a drunk driving charge, speak to a drunk driving lawyer, like one from Rispoli & Borneo, P.C.