Criminal Defense Attorney 317-636-7514

If a police officer suspects that a driver is intoxicated, they will proceed to pull them over and investigate. In other instances, a person may be pulled over for something entirely unrelated, but if the officer observes any visual cues that are indicative of intoxication, they will proceed with a spontaneous DUI investigation. Either way, if you are ever pulled over by law enforcement, and you have been drinking, be sure you know what to do and how to behave for the sake of protecting your rights and preserving your freedoms.

When You See the Red and Blue Lights Come On…

Pull Over Appropriately. Do not panic or make any sudden jerking movements. Just signal your light and slowly pull over out of the way of traffic. In Indiana, you must always pull over the right side of the road. If you pull over on the left, law enforcement will immediately suspect you may be impaired.

Stay Inside Your Car. Once you are pulled over to the side of the road, turn your engine off and remain in the car. Put on your blinkers, and if it is dark out, turn on your interior light. Now that you have done all this, place your hands on the steering wheel and keep them there until the officer arrives. This process demonstrates behaviors that are least likely to raise concerns for a cop. It is honest and normal behavior, not suspicious. Only get out of the vehicle if the officer asks.

Avoid Suspicious Behaviors. You are always being observed on a traffic stop, it is part of law enforcement training. Everything you do is being noted mentally or by video surveillance. Do not do anything that looks as though you are attempting to hide or conceal something. For example, a cop can search you and your vehicle if he sees you lean forward after he pulls you over. This indicates you are trying to hide something under the seat. Small behaviors like this can raise suspicion in law enforcement. Do not spray anything to mask smell, insert eye drops, chew gum, eat a mint, or fidget for paperwork and other items. These are all cues that you are perhaps hiding or guilty of something.

Be Respectful and Obedient. Do everything that the officer asks of you and be polite. Remember, they are in complete control. Do not talk back, argue, or ask questions. Use relaxed and non-offensive body language. Any impression of stubbornness or aggression is detrimental to your outcome.

Do Not Volunteer Information. Never over share information to a cop when being pulled over and questioned. Answer their questions without volunteering any additional information and keep a respectful tone. Talking too much can get you into more trouble. Not only can you mix up or contradict your story, you can allow an officer to get a whiff of any alcohol on your breath.

Do Not Say How Much You Have Had to Drink. When an officer asks you, and he will, how much you have had to drink, be careful what you say. Do not offer “underestimations” of how much you drank. This can be detrimental to your defense when it is time for your trial. Instead of saying, “I had one or two drinks” or some other under-estimation (especially if it’s untrue), simply remain silent, or say you don’t recall what you had to drink. You don’t want to blatantly lie to a police officer. And the judge for your hearing will know you lied if your BAC turned out to be higher than that of a person who has had “one or two” drinks.

Do Not Refuse BAC Testing. Indiana is an “implied consent” state. This means if you have a drivers’ license, then you automatically consent to BAC testing anytime. It is the law. If you refuse, your license will be automatically suspended for 12 months, and you will still be arrested. If an officer asks to perform a field sobriety test, politely ask if it is voluntary. If not, ask if you can have a breathalyzer instead. Although you should avoid asking questions, in this case it is okay since it could help you defense later on.

DUI Defense in Indiana

David E. Lewis Attorney at Law 317-636-7514