Imagine this scenario: leaving a bar or restaurant after a night with friends. You are cruising along the highway and you suddenly see flashing lights right in your rearview mirror. What do you do? What should you do if you are being stopped for a potential DUI/OUI in Southfield?
In this article, we discuss the things that you need to do when you are facing a DUI stop.
Things to Remember
There are a few simple tips to remember when facing a possible DUI stop.
You are being recorded.
Police officers have body cameras. The police automobile also has cameras and dash cams that will record everything that will happen when you are pulled over. You can always request a copy of the incident through the Freedom of Information Act.
You do not need to say anything.
Silence is golden! The less said is less evidence the officer can use against you. You do not need to answer any questions. Anything you say can and will be used against you.
There is no need for you to discuss anything. Trying to explain yourself out of a situation puts you in a worse situation. If the police officer asks you questions and explains why you were pulled over, there is no need for you to make an explanation. Some people think that a drunk admission of their drinking will get them out of a possible DUI charge. However, by admitting that you have had a couple of drinks, you will be tested beyond the usual physical tests. A breath test could get done to check your blood alcohol content level.
By not saying anything and allowing the police officers to act based on the protocol that they are required to follow, you are not incriminating yourself. Keep in mind that you have the right to remain silent. Politely decline to answer questions especially if you are guilty of driving under the influence. Contact your lawyer and you should be able to get a good grasp on what is going to happen next.
Always be polite and cooperative, but call your lawyer first.
You need to make sure that you are going to be safe when you are asked to go out of your vehicle. When you are being polite and cooperative, you are allowing yourself to be in the good graces of the police officers. While they are expected to be polite to you, you should also be polite to them.
Cooperate with the police as much as you are comfortable. If you are no longer comfortable with what the police are doing, you should ask them to wait for your lawyer or explain the protocol as to why they are doing what they are doing.
Are the police required to read me my Miranda Rights?
No! When you are pulled over, you are not being arrested. You are merely being asked by the police to prove that you are either drunk driving or because of a violation.
Since you are not being arrested, the police are not required to read you your Miranda Rights. The only time that you will get read the Miranda Rights is when you are being arrested by the police.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the information provided.
Let Us Help You
If you’ve been charged with driving under the influence or operating while intoxicated, then you need a Southfield criminal defense lawyer. Call us immediately. We offer free consultations and are on standby to take your call.