How to Protect Your Rights during an Alabama DUI Stop: 7 Tips (Pt. 2)

March 31, 2015

Proceeding from How to Protect Your Rights during an Alabama DUI Stop: 7 Tips (Pt. 1), below, we will highlight some more ways that you can help yourself and safeguard your rights during these traffic stops.

More Smart Things to Do During an Alabama DUI Stop

3 – Do NOT admit to being drunk or having consumed alcohol.

During an Alabama DUI stop, not admitting to having consumed alcohol and refusing field sobriety tests can help you protect yourself. Here’s why.

During an Alabama DUI stop, not admitting to having consumed alcohol and refusing field sobriety tests can help you protect yourself. Here’s why.

This is VERY important to remember, as what you say will be used against you later if your statement involves an admission of consuming alcohol prior to driving. In fact, while you should not lie to cops ever, you also should be aware that:

  • You do NOT have to disclose everything to them.
  • It’s usually in your best interests to not discuss your alcohol use prior to driving, as this will be included in police reports and can serve as probable cause to proceed with more in-depth parts of drunk driving stops.

So, if traffic officers ask you where you are coming from and/or whether you have had anything to drink that evening, politely decline to answer if your full answer may be incriminating. It’s your right, and now is the time to exercise it!

4 – Do NOT take field sobriety tests if you think you won’t do well on them.

A common part of an Alabama DUI stop is the field sobriety testing. Generally, this involves having motorists suspected of DUI perform some combination of eye-gaze tests, balancing tests and straight walking tests.

Although traffic officers may tell you to start performing these tests, you need to know that:

  • Submitting to field sobriety tests is OPTIONAL. This means that you have the right to refuse such testing and that, if you do refuse it, you will NOT face any automatic penalties (like a loss of your driving privileges).
  • Field sobriety tests are not usually fair for motorists, as the evaluations of these tests are subjective and things other than intoxication (like, for example, medical conditions) can cause drivers to “fail” these tests.
  • If you do fail field sobriety tests, you can be giving police/prosecutors more potential evidence against you.

Be sure to catch the upcoming conclusion to this blog series for some more important tips regarding how to protect your rights during an Alabama DUI stop.

Montgomery and Birmingham DUI Attorneys at Joe M. Reed & Associates LLC

Have you been arrested for a DUI? If so, you can count on the Montgomery and Birmingham DUI lawyers at Joe M. Reed & Associates LLC to be aggressive advocates for your rights. For more than 16 years, we have been dedicated to the pursuit of justice in every case we oversee, and our experience, dedication and extensive knowledge of the law makes us effective at helping our clients obtain the best possible outcomes to their DUI cases.

To discuss your case and learn more about your rights and DUI defense options, contact us today to schedule attend an initial consultation. To set up this meeting today, call us at (334) 834-2000, or email us using the contact form at the top of this page. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.

Categories: Blog, Criminal Defense, DUI Defense, DUI Stops, DUIs