Know Your Rights In A DUI
The DUI Rules
What should I do if I get pulled over for a DUI?
Rule No. 1
Never under any circumstance consent to a search. NEVER. Do not consent to a search of your car. Do not consent to a search of your home. Do not consent to a search of your friend’s apartment. Do not consent to a search of your person. Do not consent even if the police tell you they have a warrant.
Do not consent. EVER. If this seems a little extreme it is in your best interest to say I need to contact my attorney before I make any statements.
Rule No. 2
Never physically resist a police officer. Physical resistance is always illegal (unless the police are using excessive force against you, then you may offer “reasonable force” in self defense.) Remember: You SAY “I do not consent” – but remember not to “do” anything to resist an officer. If an officer is overly aggressive remember to document all injuries and contact your attorney. We will deem what is unnecessary force for you.
Rule No. 3
When you are a suspect in a criminal case, NEVER give any statements to the police, and never sign anything. Do not give written statements to the police. Do not give verbal statements to the police. Do not talk to them at all, except to say “My lawyer has told me not to answer any questions.” When they ask you a question, you ask to see your attorney. The sole exception: You must provide the police with your legal name, date of birth, and address for identification purposes. It is illegal for you to fail to do so upon request. If you answer a question be always be cautious on how your respond. It is best to let your lawyer answer for you.
Rule No. 4
If you have been drinking alcoholic beverages, avoid the police if at all possible. If a police officer smells alcohol on your breath, you are very likely to be arrested for DWI (if you are driving) or public intoxication (if you are not driving). If you must have contact with a police officer when you have been drinking, try to keep the contact as short as possible and try not to let the officer smell your breath. Never under any circumstances argue with a police officer if you have been drinking. That’s a guaranteed trip to jail. If he asks any questions as to state of mind or if you are intoxicated remember not to mention anything incriminating or that will open the flood gates.
Rule No. 5
Do not be abusive to police officers. Be polite. Police have far too much power in the streets for you and I to smart off to them. The streets are their “home field”. If you need to say something derogatory about the police, wait until we get them into the courthouse – that is our home field advantage.