An exciting evening at a sports event or with friends at a party can turn stressful when you realize that you are being followed by a patrol car that is ready to pull you over. While this is undoubtedly an angst inducing situation, you can increase the likelihood of a positive outcome if you handle the stop appropriately. Mississippi DUI defense attorney William Kellum III has successfully represented many people charged with alcohol-related driving offenses. Although there is no universal formula for avoiding a DUI arrest or conviction, there are some steps motorists can take that might improve the chances of not suffering the consequences of a DUI conviction, including jail time, loss of driving privileges, fines and other sentencing terms. Mr. Kellum has provided some suggestions for motorists who are pulled over after they have been drinking.
Stay Calm and Produce Your Driver’s License & Registration
While being pulled over after you have been drinking is extremely stressful, your ability to remain calm can determine whether you leave the scene in your vehicle or the back of a patrol car. Many people panic and ramble, which can lead to a routine traffic stop because of a non-functioning taillight turning into a DUI investigation.
Many drivers never consider that a routine traffic stop can be equally stressful for the law enforcement officer because the motorist might be someone who is an armed violent offender. Depending on the reason for your stop, the officer might be more cooperative if you immediately get out your driver’s license and registration. You should hold the documents with your hands on the steering wheel even before the officer approaches your car. This approach accomplishes several goals that might lead to a better outcome. First, the officer can see your hands, which allows the officer to know you are non-threatening. Second, this approach demonstrates to the officer that you are trying to cooperate. Thirdly, you avoid a situation where you potentially fumble around attempting to provide these documents with the officer standing outside your vehicle. Officers often cite “lack of coordination” evidenced by a driver’s fumbling with these documents as a basis for initiating a DUI investigation. Fourthly, this will not provide the officer with the opportunity to look in your glove compartment or middle counsel where you have your registration stored if you have contraband in the vehicle.
Do Not Provide Incriminating Information
If the officer pulls you over because you are driving at night with your lights off or you are swerving between lanes, the officer might already assume you are intoxicated. However, this does not mean that the officer has sufficient evidence to constitute probable cause for a DUI arrest. The officer will likely ask you whether you have been drinking and how much. While you should not lie, these are not questions you want to answer. The standard answer, “I have only had a couple beers” will make matters worse. One response is simply to indicate that you would prefer not to answer any questions without talking to an attorney. The officer will not grant this request, but you should ask if you are free to leave after he denies your request. Although these answers may not prevent an arrest, there is usually nothing to be gained by talking to the officer unless you have had absolutely nothing to drink. The officer is using this period of detention to observe signs that you are intoxicated and try to obtain incriminating responses that will justify a DUI investigation.
Field Sobriety Tests and Portable Breath Tests: Just Say No
Based on your driving prior to the stop, conduct during the stop and/or your responses, the officer may initiate a DUI investigation by asking you to participate in field sobriety tests and a roadside portable breath test. Motorists are not under any legal obligation to cooperate with either of these preliminary forms of alcohol or drug screening. The purpose of these tests is to furnish the officer with probable cause for a DUI arrest. Unless you have not ingested any intoxicated substance at all, there is no good reason to participate in these forms of screening. While it is never advisable to be belligerent, you also do not need to provide the officer with evidence that will be used to justify your arrest and prosecution. A polite way to decline these requests might be simply to ask if these forms of testing have been scientifically proven to be completely accurate. The officer cannot confirm this, so you can indicate you would like to talk to an attorney about your rights before making a decision. The office will not allow you to do so, but this approach provides a reasonable explanation for your decision.
Admittedly, these suggestions will not prevent a DUI arrest, but they will deprive the prosecutor of some forms of evidence that might be used to prosecute you for DUI. The best way to protect your rights and freedom is to contact an experienced Mississippi DUI lawyer as soon as possible.
Fighting to Keep You Out of Jail and Behind the Wheel
Mississippi DUI defense attorney William S. Kellum III represents individuals arrested for alcohol-related driving offenses in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas. We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.
