What Should I do If I'm Stopped For Investigation of a DUI?

What To Do If Pulled Over For Potential DUI

DO speak to an attorney

No matter what you do, insist on speaking with an attorney prior to doing any tests. You will eventually have to take chemical tests. Once the police officer advises you that you need to take this test or he will consider it a refusal, take the test.

You need to be adamant that you want to speak to an attorney. You cannot say to the police officer that you are thinking of talking to an attorney. You need to specifically state "I want to speak to an attorney prior to taking any tests!"

DO take the chemical tests

You will need to take any chemical tests that the police officer requests. If you fail to take a chemical test, you will lose your license for up to four years. Examples of a chemical test are 1) portable breath tests; 2) breath tests; and 3) blood tests.

DO get your own test

You have a right to have your own blood or breath sample collected within the two (2) hours from the time you were last seen driving your vehicle or in actual physical control of a motor vehicle for further testing. The test sample/result the police officer obtained cannot be used against you in any proceeding if the police officer does not allow you to obtain your own sample.

In order to take advantage of this right, you need to be adamant and clear that you want your own test. You cannot tell the police officer that you might want your own test. You must state "I want my own test!"

DO NOT take field sobriety tests

The police officer(s) will more than likely ask you to perform field sobriety tests. You do not have to perform a field sobriety test. Examples of a field sobriety test are as follows: 1) one-legged stand; 2) walk the line; 3) Horizontal Gaze Nastagmus (HGN); 4) alphabet tests; 5) count backward; 6) finger dexterity.

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