What to Expect During a DUI Stop – You might want to ask a lawyer who wins.
Yesterday, on Wednesday, 3 October 2024, NOT GUILTY: In Commonwealth of Massachusetts v. Defendant, Docket No. 2467 CR 0007, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI), Second Offense, despite having recorded a breath test of .10*.
What to Expect During a DUI Stop
When you’re pulled over for a DUI (Driving Under the Influence), it’s crucial to know your rights and responsibilities to ensure the process goes as smoothly as possible. Here’s a breakdown of what typically happens and how you should navigate the situation.
Initial Stop
When the officer signals you to pull over, do so safely and promptly. Turn off your engine, roll down your window, and keep your hands visible on the steering wheel. The officer will usually ask for your driver’s license, registration, and proof of insurance.
Interaction with the Officer
Stay polite and respectful. Anything you say or do can be used in court, so avoid making unnecessary comments. The officer will observe your behavior and may ask questions to determine if you have been drinking.
Field Sobriety Tests
If the officer suspects you are under the influence, they may ask you to perform field sobriety tests. These tests are designed to assess your balance, coordination, and ability to follow instructions. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test.
Breathalyzer Test
The officer may ask you to take a breathalyzer test to measure your blood alcohol concentration (BAC). In many places, refusing to take this test can lead to immediate penalties, such as license suspension.
Arrest and Chemical Tests
If your BAC is above the legal limit or you fail the sobriety tests, you may be arrested. After the arrest, you’ll likely be taken to a police station for a chemical test (breath, blood, or urine) to confirm your BAC.
Your Rights
You have the right to remain silent and the right to an attorney. Use these rights wisely. You can refuse to answer questions without a lawyer present and can request to contact your attorney as soon as possible.
Possible Consequences
DUI penalties can vary but often include fines, license suspension, mandatory DUI education programs, community service, and possibly jail time. Repeat offenses can lead to more severe penalties.
Final Thoughts
The best way to avoid a DUI is not to drive after drinking. If you find yourself in a DUI stop, stay calm, know your rights, and cooperate respectfully with the officers. Understanding the process can help you handle the situation better and minimize any potential impact.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*
Stay safe and make responsible choices! 🚗