Tips for When You've Been Pulled Over After Drinking

March 22, 2024 – John E. Rapp

It can be a very scary and alarming moment when a law enforcement officer turns on their lights behind you after you have been drinking. But, there are some steps that you can take to try and avoid making the situation worse.

Here are some tips:

• Do not drive drunk. It seems like simple advice. But, trust me, it is good advice. It is only a matter of time before you will be stopped.
• Pull over in a normal and very calm matter. And, pull over immediately. Do not try to find a “safe place for the officer.” That may seem like a good and kind decision. But, most law enforcement will use it against them. They will allege that you did not pull over immediately because you were under the influence despite you doing it for his or her safety.
• Be polite and calm throughout the encounter with law enforcement. There is no need to be mean and nasty. Most law enforcement are there to do their job and will be respectful. If you cannot do the same, just remain silent. Some clients will sink his or her case simply because of his or her attitude.
• Do not answer the question about how much or when you were drinking if you have been drinking. Simply say my lawyer told me not to answer that question. The admission alone can lead to further testing including field sobriety testing and potentially breath, blood, or urine testing.
• If you are going to refuse the chemical (breath, blood, or urine) test, then do not take field sobriety tests. You do not have to do the roadside agility tests. It is not required by Kansas law. So, if you are going to refuse the chemical test, then just refuse to do the field sobriety tests. You may be arrested immediately, but it may help your counsel to defend the case.
• You can submit to or refuse any chemical blood, breath, or urine test. That is your decision. There are increased penalties and restrictions concerning your driving privileges if you refuse chemical testing. So, I leave that up to you as to whether to submit to or refuse chemical testing. If you have had a lot to drink, it is probably better to refuse the test. But, remember, if you are refusing the chemical test, do not take the field sobriety tests.
• If you take a chemical test at the law enforcement officer’s request, you have the right to further testing. If you think the law enforcement officer’s test is wrong, ask for a blood or other chemical test.
• Do not make any post-arrest admissions. Just ask for your lawyer at this point. Once they are arresting you, they are not going to release you because of something you say at that point.
• Hire a lawyer. A DUI charge is not simply a traffic matter. There are significant consequences.
• Please go to duiwichita.com for further guidance.

These are general rules for these matters. Good luck. Stay safe. And, remember, there is only one way not to get a DUI. That is not to drink and drive.