What Not to Do If You Are Stopped for a DUI

Should I admit that I had a drink or two before getting behind the wheel?

Each year, 1.5 million Americans are arrested for driving while intoxicated, according to the National Highway Traffic Safety Administration.  Being stopped on suspicion of a DUI can be intimidating and stressful. It is easy to make grave errors that could escalate the arrest to a conviction.  Our Phoenix, Arizona DUI defense attorneys offer some tips on what not to do if you have been stopped on suspicion of driving under the influence.

What You Should Not Do When Stopped for a DUI:


  • Do not answer questions about your alcohol consumption:  It may be tempting to admit to your arresting officer that you had an alcoholic drink or two.  While usually honesty is the best policy, offering information about what you may have had to drink could result in a quick trip to jail.  You have the right to remain silent and should take it when it comes to questioning about alcohol use on the scene of the arrest.
  • Do not take the field sobriety tests:  All too often, those stopped for a DUI do not understand that they can refuse to take the field sobriety tests without negative consequences.  Field sobriety testing is used solely to gather evidence against you. These tests can be quite inaccurate and should be avoided to give you the best chance of defending against the charges.
  • Never argue or resist arrest:  Emotions are high during a DUI arrest and it may be tempting to argue with the officer or even try to leave the scene.  Arguing with an officer will only heighten frustrations and result in a higher likelihood of arrest. Resisting arrest is a crime that could be added to your charges.  Be polite, but also know your rights.


What to Do When Stopped for a DUI:


  • Provide your driver’s license and proof of insurance:  You will want to voluntarily hand over your driver’s license and proof of insurance.  If you do not have the insurance card on you, do not panic, just provide the name of your insurer.  
  • Invoke your right to an attorney: Tell the arresting officer that you are invoking your right to an attorney and will only submit to tests if your attorney is present.
  • Call your attorney as soon as possible:  If you are not permitted to have your attorney at the scene of the arrest, you will want to call your attorney as soon as possible.  Your lawyer will take immediate steps to preserve evidence and protect your legal rights.


A DUI stop can be frightening, but by knowing your rights and keeping your cool you can potentially avoid arrest or aid in your later defense.  Contact our DUI defense attorneys today for more information.

Posted in DUI