Four Things to Avoid Doing During a DUI Stop

 Posted on August 15, 2018 in Criminal Law

There are several ways that you can contest a driving under the influence charge when you are in court. The officer must have a reasonable suspicion that you are violating the law in order to stop you and probable cause that you are intoxicated in order to arrest you. A lack of a warrant to search your vehicle or evidence that you were intoxicated can lead to your acquittal or the dismissal of the charges. However, the prosecution can use your decisions during your stop and arrest as evidence against you. You can unintentionally incriminate yourself based on what you say or do. Here are four things that you should avoid doing during a DUI stop:

1. Being Hostile Towards the Officer: You may be upset or frustrated that the officer stopped you, but refusing to cooperate from the start will make the officer more suspicious. You should remain calm, provide the documentation that he or she asks for and respond to his or her questions. Failing to cooperate with the officer could result in an obstruction of justice charge that also reflects poorly on your DUI defense.
2. Talking Too Much: If you believe the officer suspects you of DUI, do not try to come up with excuses or ask for leniency. What you say during the stop can be used as evidence against you, and you may indirectly admit to committing a DUI offense by talking too much. Limit yourself to responding to questions, and politely decline to answer questions that you believe may incriminate you.
3. Submitting to a Test Before Being Arrested: An officer cannot force you to perform a field sobriety test, but refusing will likely result in you being arrested on suspicion of DUI. As for blood or breath tests, Illinois has an implied consent law that requires you to comply or face an automatic suspension of your driver’s license. However, that law only goes into effect if you have been arrested. An officer may try to pressure you into submitting to the test without formally arresting you.
4. Resisting Arrest: If the officer decides to arrest you on suspicion of DUI, you should be quiet and compliant. Do not attempt to evade or resist arrest because those could be additional criminal charges against you. You could face a battery charge if you use force against the officer. Even if you are acquitted of your DUI charge, you can still be convicted on a resisting arrest charge.

Understanding Your Rights

It is helpful to know what the police are and are not allowed to do during a DUI stop. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, can tell you whether an officer’s actions may have violated your rights. Schedule a consultation by calling 630-260-9647.

Source:

https://www.motorists.org/issues/dui/traffic-stop/