What To Do If You’re Pulled Over On Suspicion Of DUI
If you’ve been out for a night on the town and suddenly see the infamous flashing red and blue lights behind you, it’s important that you don’t panic. Here are five tips to help you through the encounter:
Try to act “normal”: This means using your turn signal and slowly pulling over in a safe place. Keep your hands on the wheel, stay in the car, stay calm, and be polite. The officer is watching you and taking notes to put in the police report.
Follow directions: When you are asked, you need to tell the officer your name and produce your license, registration, and insurance information.
Don’t volunteer information: If you have had too much to drink, when the officer asks you if you’ve been drinking, simply say, “I’m sorry officer, but I’ve been advised not to answer any questions.” You have the right to invoke the Fifth Amendment and that means that you have the right to refrain from answering these types of questions.
Refuse field sobriety tests: You don’t have a legal obligation to perform a field sobriety test. These tests, like putting your finger to your nose, are very subjective, and it’s in the officer’s discretion as to whether you pass the test.
Chemical test at the police station: Because Tennessee is an implied consent state, you do not have the right to refuse a chemical test (breath, blood or urine) to determine your blood alcohol content without a certain suspension of your license. However, as our recent post pointed out, the U.S. Supreme Court has caused this area of law to be in a state of flux. Now, if you do refuse the test, police will need to obtain a warrant or prove that exigent circumstances existed such that they needed to obtain the sample right then. If you think the officers won’t be able to do that, you may have a better argument for refusing the test.
Following these tips will help you give your case a fighting chance if you’ve been pulled over for DUI in Tennessee. If you’re facing charges, your best bet is to consult with an experienced DUI attorney.