Ideally people would avoid drinking and driving on the same day no matter what the circumstance, but the reality is very different. Many people go out drinking and when it comes time to return home go out in the belief they are still competent enough to drive home. Chances are at some point in your life you will find yourself in such a situation. It is a good idea to familiarize yourself with what rights you have and the top tips on how to behave when you are pulled over.

 

• Pull over

 

It is one of the most basic road rules in the world. When you hear the siren and se the flashing lights in your rearview mirror, make sure to pull over as soon as it is safe. Any attempt to flee will only make things worse and the last thing you need is to be featured on the news in a police chase.

 

• Adopt the right pose

 

Once you pull over, you should not make any movements that are threatening. You should have your license, registration and insurance in an envelope in your glove compartment. Pull it out ready to hand over to the officer and place your hands on the steering wheel. San Diego DUI Defense experts advise that while you may not want to give the officer a whiff of your strong breath, you should establish eye contact.

 

• Keep silent but obey

 

Often an officer will start off with a greeting, but you are under no obligation to respond. Chances are he is using the opportunity to pick out slurred speech. Play mute but make sure to obey certain instructions. When he asks for your documents, hand them over. If he asks you to step out of the car, then do so as well. This is all perfectly legal.

 

• Decline the tests but know the risks

 

Field sobriety tests are a common request at such stops. They can be anything from repeating the alphabet to walking a straight line. You can also be asked to take a breathalyzer tests. You are within your rights to decline any such test, but be polite about it. As many cop shows have demonstrated the officer could have a dash camera running, or there could be witnesses about. Keep in mind however that even with your refusal, an officer can still arrest you and you will be compelled to perform a test anyway at the station. This can work against your DUI defense.

 

If you have been drinking you will want to delay the test for when you are at the station. Declining the preliminary test can work against you but it is the test done at the station that matters most. If this test indicates you are above the limit and it is you first offense, chances are you will have to accept whatever the judge hands down. If there were however extenuating circumstance such as others being injured or it is not your first offense, then you should have a DUI lawyer represent you.

 

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