August 8, 2024

Do You Know What to Do During a DUI Traffic Stop?


If you’re ever pulled over on suspicion of being under the influence of alcohol or drugs while driving, you know how frightening it can be. Especially if you’re being stopped for a DUI and well within the limits of what’s considered to be legal.

It happens. And not just in Oakland County. That’s why it’s important to know what to do during a DUI traffic stop and what rights you have.

Otherwise, you may be accused of being intoxicated based on things you said or did during the traffic stop. And then almost certainly you would need the services of an experienced Oakland County DUI lawyer to get you out of that mess.

What to Do During a DUI Traffic Stop

Interestingly enough, you should rarely if ever have to deal with DUI checkpoints in Michigan – as it’s one of only ten states in the U.S. that have banned them because they violate the state constitution and can be used to leverage evidence against drivers.

That said, law enforcement officers still have the authority to conduct a DUI traffic stop, investigation, and/or arrest if they have probable cause to believe you’re driving under the influence of alcohol or drugs.

So here are some things to consider during a DUI traffic stop:

1. Pull Over Gradually

First of all, if you are unsure if the person pulling you over is a real police officer call 911 and make certain before stopping your vehicle.

If you can be certain you’re being pulled over by official law enforcement, slow down and use your turn signal so the officer knows you’re cooperating and not attempting to flee. Try to pull over in as safe of an area as possible; avoid stopping on a curve or in the middle of traffic. Or if it’s dark, find a lit area where others could be present.

2. Stay Cool

Once you’ve safely pulled over, turn your vehicle off so you’re not considered to be a flight risk. Have your license, registration, and proof of insurance at the ready to hand to the officer one he or she requests them. If you’re feeling fired up, take a few deep breaths and compose yourself.

Roll down your window and keep your hands on the wheel or where the officer can see them. Avoid any sudden movements. When the officer speaks with you, remain calm and keep your answers short and direct.

3. Complying with Orders Politely

If the officer orders you to get out of the vehicle, then you should do so calmly and without arguing about it. The officer may ask you if he or she can search your car. You do have a legal right to say no. Even if the officer threatens to get a search dog or a warrant, it is strongly recommended that you do not consent unless you are positive there is nothing incriminating in your vehicle.

Additionally, if the officer suspects impairment and requests a field sobriety test, it is also your right to politely decline this request. Very often, these tests are considered to be an unfair measurement of your sobriety and are generally used to try and prove your guilt and not your innocence.

If you are arrested, you will then be asked to take a breath, blood, or urine test to check for alcohol or other substances in your system. It is best to take these tests as refusal could result in additional fines and possibly a one-year suspension of your driver’s license. 

Get the Justice and Legal Defense You Deserve

If you’re ever stopped under the suspicion of intoxicated driving, at least you now know what to do during a DUI traffic stop.

On the other hand, if you’ve already been stopped for a DUI in Oakland County, were not armed with this information, and were subsequently arrested after a field sobriety test, you should contact an experienced Oakland County DUI lawyer today.

Don’t hesitate! DUI defense expert Jose Fanego will help you navigate your situation to ensure the best possible outcome and help you get the results you deserve. Contact us today.