The Dos and Don’ts of Being Stopped for a DUI

How you behave when being stopped by a cop for any offense, whether it’s speeding, a broken tail light, or for suspicion of driving under the influence, can make or break your case. Cops are humans too, and if you make their jobs easier by cooperating, odds are you’ll be let off easy. If however, you make a cop’s job harder, then you can expect a whole slew of additional charges that could have been avoided, such as a ticket for not wearing your seat belt or for driving with impaired vision if your windshield has a crack in it.

Donahue Law Firm in Bend recommends always cooperating with the police. That being said, that is not the same thing as talking the cop’s ear off and divulging information you shouldn’t, like admitting to having had a couple of drinks and driving. In this blog post, we’ll go over some of the dos and don’ts of when a cop stops you on suspicion of DUI. If you are being tried for DUI, give our DUI law firm in Bend, OR a call. We represent those accused of DUI (driving under the influence) or DUII (driving under the influence of intoxicants), as well as other criminal defense cases, such as domestic violence and drug charges. When searching for “DUI lawyers near me,” you will find that Donahue is the best firm to defend your freedom. Contact our DUI defense attorneys a call today for a free consultation! 

• Pull over safely. You are being pulled over because the cop has observed erratic driving already. From here on out, everything you say and do can be entered into the police report, which will have a profound effect on your trial and criminal defense. So, Donahue Law Firm in Bend advises you to pull over in a safe area in a safe manner, meaning don’t drift in and out of lines or slam on your brakes. Look for a well-lit area that is off the road if at all possible.
• Stay in your vehicle until told to do otherwise. Try to look at your situation from the viewpoint of the police officer. He or she has no idea what kind of a person you are. They are trained to approach your vehicle very cautiously. Don’t make any sudden movements, and definitely don’t throw any open containers of alcohol out the window (it’s too late for prevention at this point; you are now in defense mode). It’s best to remain inside your vehicle and wait for the officer to ask for your ID. The worst thing you can do is run. That is an automatic charge of resisting arrest, and it sends a message to a judge and jury that you are guilty of something; otherwise, why would you be running? Also, don’t make physical contact with a police officer. Avoid invading their personal space by getting up in their face and arguing. Stay calm, and the whole DUI situation will pass quicker and smoother.
• Treat the officer as you want to be treated. In all aspects of customer service, the nicer you are, the more likely you are to get your way. The same goes for police officers. They are doing their job of keeping the roadways safe by pulling you over. Donahue Law Firm in Bend advises you to be nice, courteous, and comply with everything that is asked of you. If you are belligerent, rude, disrespectful, and angry, you not only will have a very poor police report, but you can face the real possibility of being arrested for resisting arrest, if, for example, you fail to comply with orders. Do the smart thing, and follow orders.
• Do not divulge information that can be used against you in a court of law (which is everything you say). The only questions to have to answer are your name and personal information such as where you live, and the only pieces of information you have to give are your driver’s license and your car insurance information, as well as your registration. That being said, Donahue Law Firm in Bend advises you to never lie to a police officer, which can be damning in a court of law. Instead, politely tell the officer if asked if you’ve been drinking that you can’t answer any of those questions. Most likely, the officer, who has been trained to take advantage of your fear in this situation, will press on. However, don’t give in. You may be arrested because of this as it increases the officer’s suspicion. However, what matters is your day in court, not this moment. If you believe you are way under the legal limit of drinking, you can tell the police officer this; however, it’s up to you to make that call. Do verbally invoke your right to be silent, however, especially if you believe the DUI stop is being recorded. This can be very important if you’re arrested and the police officer begins to badger you for answers.
• Do not consent to a search. Police officers need warrants to search your vehicle, your purse, your backpack, your cell phone, and your person (note this is different than a pat-down where a police officer is checking you for weapons — this is legal any time) unless you give them permission. Again, remember that you are a suspect when you are being pulled over for DUI and the police officer is searching for evidence to use against you. He or she is not looking out for your best interests nor are they your friends. It’s your job to look out for yourself.
• Refuse a field sobriety test. In the state of Oregon, Field Sobriety Tests (FSTs) are completely voluntary. However, don’t expect the police officer to tell you that. In fact, police officers are trained to make it seem as if these are mandatory and to make it seem as if they are trying to help you, but don’t be fooled. The whole point of FSTs is to gather evidence against you to have you arrested on suspicion of DUI. Remember, you are a suspect at this point no matter what the smooth-talking officer is telling you. The fact of the matter is that these FSTs are subjective in nature and almost impossible to perform correctly when you’re not drunk or tired and just want to get home to go to bed. However, Donahue Law Firm in Bend does warn that refusing a FST can result in a suspension of your license; however, that’s better than a conviction of DUI. You do not need to give reasons as to why you are refusing (you have a right to do so). Also, remember the more you talk, the more you are giving cops to use against you.
  

Donahue Law Firm in Bend specializes in DUI cases, as well as other criminal defense cases, such as domestic violence, drug charges, and fraud. DUI cases and arrests are serious matters that require a well-thought outline of defense in order to hopefully lessen your charges. We have years of experience and deep knowledge and understanding of DUI law in the state of Oregon. We have worked with many of the police officers and judges and have good working relationships with them. We also know how to successfully defend you in a court of law, and we will work hard in doing so.

Donahue Law Firm understands the pressure you are under being charged with a DUI, as well as the consequences a DUI conviction can have in your life. Our mission is to help you lessen the charges and move on with your life. We are committed to helping you achieve the best possible outcome in your DUI arrest. Our compassionate and knowledgeable team of DUII attorneys is here for you. Contact us today for a free DUI consultation!

Again, this short list only scratches the surface in terms of the emotions you will go through. Everyone’s DUI conviction is different, meaning that everyone will experience a different process of emotions. Since DUI convictions vary from case to case, it is important to have a DUI defense attorney on your side that is highly skilled in the DUII laws of Oregon and can provide you with a singular and comprehensive defense strategy for representing you in court. 

Donahue Law Firm fiercely represents those convicted of a DUI, working closely with them to understand the case and identify any areas in the case that can work in their favor. If you have been convicted of a DUII in Bend, Oregon, then you need to contact our criminal defense attorneys. All you need to do is search “DUII attorney near me” and contact Donahue today.