What should I do if I’m stopped for DUI?
- Politely decline to answer questions without an attorney (only incriminating answers will be in the police report).
- Decline to take any field sobriety tests (not required by law and rarely helps you).
- Unless you are under 21, decline to take any handheld breath test not required by law.
- Agree to take a required “evidentiary” breath test (blood test if confident you are under .08%).
- Make sure you or your lawyer calls the DMV within 10 days to demand a hearing to contest your license suspension.
If you’ve been charged with a crime, any statements you make could be used against you later in court. DON’T MAKE ANY STATEMENTS! Insist on a lawyer before any questioning. You may think that you can straighten it all out with the police if you just talk to them. You won’t. You’ll just hurt yourself because the police only write down the stuff that they can twist around to make you look guilty. Also they know the law, you don’t! Hire an attorney and get some legal advice!
And remember you must request a DMV hearing within 10 days or you will lose your license for up to a year even if you win your court case.