3 mistakes during a drunk driving traffic stop

You could face serious criminal charges after a traffic stop. This can happen if the police discover evidence or have probable cause that you were drunk driving. 

To protect yourself from incarceration and fines, it can help to avoid the following mistakes:

1. Allowing the police to search your vehicle

The police may ask you to search your vehicle. They may say that they are looking for suspicious evidence, which could include open bottles of alcohol, illegal substances or weapons. However, you do not have to let the police search your vehicle. 

Under the Fourth Amendment, you have a right to refuse a vehicle search unless you give the police permission or they provide a warrant, have probable cause or have made an unlawful arrest. Any evidence collected could be dismissed in court if the police perform an unreasonable search. 

2. Talking to the police

Anything you say during a traffic stop could be used against you during a criminal trial. A traffic stop can be stressful, and you may mistakenly say something to the police you later regret. However, you can plead the Fifth and refuse to answer any questions. 

3. Taking a field sobriety test

A field sobriety test is an evaluation that helps the police collect evidence. Field sobriety tests allow the police to judge whether a driver is drunk through a series of physical activities. Field sobriety tests are not enforceable. You can refuse to do a field sobriety test.

If you are facing a driving under the influence (DUI) charge, you may need to learn about your defense options. Legal guidance is available to help you learn about the charges against you and strategize a strong defense. 

 

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