A DUI stop can be stressful and frightening experience. Your behavior during this encounter can make or break the outcome of the situation.
However, because traffic stops can be high-stress situations, people might make mistakes that complicate their legal situation. Understanding these common mistakes might help you avoid severe consequences and safeguard your rights.
Missteps that can hurt your case
During a DUI stop, certain actions can needlessly escalate a situation. Avoiding these errors may protect your rights and potentially lead to a better outcome:
- Admitting to drinking: Don’t tell the officer you’ve consumed alcohol. This admission can become evidence against you. Politely decline to answer questions about your drinking habits.
- Consenting to a vehicle search: Officers need probable cause or a warrant to search your car. You can refuse a search request if they lack a valid reason.
- Performing field sobriety tests without question: These tests often yield subjective and inaccurate results. You have the right to decline participation in field sobriety tests.
- Arguing with or resisting the officer: Confrontational behavior might result in additional charges. Maintain a calm and respectful demeanor to avoid escalating the situation.
- Refusing a chemical test: New York’s implied consent law means refusing a breathalyzer or blood test can lead to automatic license suspension. Consider the potential consequences before refusing.
Staying calm and respectful throughout the interaction can go a long way. You have the right to remain silent and can politely decline to answer questions beyond providing your license, registration, and insurance information. If you’re unsure how to proceed, request to speak with an attorney before answering any questions.
Knowing your rights and steering clear of these mistakes during a DUI stop can significantly impact your case. If you find yourself in this situation, seek advice from an experienced DUI attorney who can guide you through the legal process and protect your rights.