DUI Traffic Stops: How to Conduct Yourself
An Easy Drive-Through Technique?
Some of you may have read about the lawyer who advertises that it’s possible to maneuver your way through a DUI traffic stop without any personal interaction with law enforcement. He endorses putting requested papers in a plastic bag and either holding them against the inside of the driver’s window (for the officers to read) or handing them out a slightly cracked window for the officers to see and peruse. Supposedly officers then just wave on the driver without any further conversation.
A nifty story, but one I would never recommend people do.
Forget the drive-through gimmick and instead be prepared to interact reasonably with law enforcement. Always keep your current registration and insurance card in an easily accessible place.
Pull Over to a Safe Spot
When you see the swirling lights in your rear-view mirror, don’t panic. Simply pull over to a safe parking spot and turn off your engine. If it’s night-time, turn on your dome light.
Roll Your Window All The Way Down
Rolling it down a crack, or even halfway, might look suspicious, whereas rolling it down completely indicates you have nothing to hide.
Put Our Your Cigarette
Better to extinguish your cigarette than to hold it in your hand as it could be viewed as a weapon.
Place Your Hands on the Steering Wheel
Place them slowly toward the top of the steering wheel where they can be clearly seen. This reassures the officer of his safety, and it also indicates your cooperation.
Don’t Get Chatty
Sometimes people get nervous and start talking excessively during a traffic stop. Keep in mind that anything you say can be used against you. Don’t offer information about that “one beer” you had with your buddies as that gives the officer a reason to further his/her investigation. Let the officer decide whether or not to pursue an investigation based on your driving and your behavior after the stop.
“Have You Been Drinking?”
If the officer asks if you’ve been drinking, you do not need to provide an answer. Instead, politely inquire if the officer would like to see your license or registration. Or you might say, again politely, “I have nothing to say on that.”
Be Courteous at All Times
This is not the time to get defensive or confrontational, nor should anyone else in the vehicle. Remember when Reese Witherspoon, a passenger, decided to get lippy with the police officers who’d pulled over the vehicle her husband was driving? They arrested him and her.
“Please Perform Some Roadside Tests.”
The office may ask you to exit your vehicle, which is permissible. Slowly get out of your car, make no sudden movements, and remain outside until the officer says you may return to your vehicle. This applies to passengers as well.
But if the officer asks you to perform physical roadside tests, such as walking a straight line, you have the right to politely decline. However most states require you to take a chemical test, and there are penalties if you do not, such as revocation of your driver’s license.
“May I Search Your Car?”
If an officer asks permission to search your vehicle, it is your right to decline the search. However, if the officer has probable cause for searching your vehicle, such as seeing an empty bottle of whisky lying on the backseat, then he/she has the right to search your vehicle.
More DUI Articles
Shaun Kaufman Law: 303-309-0430
Latest posts by K (see all)
- Medical Data as Crime Evidence - February 7, 2017
- A Top 10 Favorite Legal Film: Anatomy of a Murder (1959) - January 12, 2017
- Holiday Office Parties and DUIs: Enjoy the First, Avoid the Second - December 9, 2016
How Can We Help You?Call Shaun Kaufman Law at 303-309-0430. We are happy to offer a free, initial phone consultation regarding your case.
Subscribe via Email to Shaun Kaufman Law Posts
Popular Posts This Month at Shaun Kaufman
- Sartorial Tips from a Lawyer: What to Wear to Court March 17, 2015: Update on "Sartorial Tips from a Lawyer" Since…
- Sentencing: Tips for Preparing a Mitigation Package Sentencing is important in many criminal defense cases. Understand that…
- Tips from a Lawyer: Late or Missed a Court Date?… Late for Your Court Date? Or have you missed your…
- After the DUI Arrest, What Happens Next? After you are taken into custody for DUI, you will…
- Can I Sue the State? A School District? A City? Our firm is asked often such question as "Can I…
- Don’t Be a Cop Magnet: Top 10 Reasons Police Pull Over It's fairly easy to get pulled over while you're driving.…
- Shaun Kaufman Bio Shaun Kaufman: Tough Litigator, Compassionate Lawyer Call 24/7: 303-309-0430 Shaun Kaufman…
- Better Call Saul: Legal No-Nos in Dumpster Diving Scene We're still catching up on our "Better Call Saul" TV…
- Should You Lie or Not Talk to the Police? Can I get into trouble if I lie to the…
- What To Do When Confronted with a DUI Checkpoint In 1990 some Michigan motorists challenged the constitutionality of a highway…
Shaun Kaufman Law serves clients across…
Denver Metro area and throughout Colorado, the Denver Tech Center, Golden, Brighton, Littleton, Boulder, Lakewood, Longmont, Englewood, Arvada, Fort Collins, Greeley, Aurora, Evergreen, Lakewood, Broomfield, Castle Rock, Parker, Highlands Ranch, Centennial, Glendale, Louisville, Lone Tree, Aspen, Vail, Breckenridge, Steamboat Springs, Cherry Creek, Pueblo, Black Hawk, Georgetown, Eagle, Carbonale,,El Jebel, Leadville, Glenwood Springs, Granby, Grand Lake, Durango, Pagosa Springs, Silverton,Telluride, Ouray, Delta, Gunnison, Lake City, Walden, Loveland. Rifle, Meeker, Rangely, Central City, Salida, Westcliffe, Canon City, Fairplay, Sheridan, Creede, Del Norte, Centennial, Littleton, Castle Rock, Parker, Kiowa. Broomfield, and all communities of The Foothills, The Eastern Plains and the Front Range, Trinidad, Walsenburg and Aguilar.