Being pulled over on suspicion of driving under the influence is one of the most nerve-wracking experiences a driver can face. In the stress of the moment, many people make critical mistakes that end up hurting their case significantly. Understanding what not to do during a DUI stop can be just as important as knowing your rights. This guide covers the most common mistakes people make when pulled over for DUI in California and how you can protect yourself.
Mistake #1: Admitting to Drinking
One of the most common mistakes people make during a DUI stop is answering the officer’s question about whether they’ve been drinking. Many people think it’s better to be honest and say something like “I only had one or two beers.” This is an absolute mistake that can have serious consequences for your case.
The moment you admit to consuming any amount of alcohol before driving, you give the officer probable cause to continue the DUI investigation. This means they can ask you to step out of your vehicle, perform field sobriety tests, take a portable breathalyzer test at the scene, and later submit to a chemical test at the station.
Instead of answering questions about drinking, you should exercise your Fifth Amendment right to remain silent. You are required to provide basic information such as your name, driver’s license, and address. However, beyond that, the best response to any questions is: “I will not speak to you without an attorney present.” Remember, you are your own biggest enemy in a DUI investigation, and anything you say can and will be used against you.
Mistake #2: Performing Field Sobriety Tests
Once an officer believes they have enough probable cause, they may ask you to exit your vehicle and perform field sobriety tests. These tests typically include walking in a straight line, standing on one leg, and following an object with your eyes. What many people don’t realize is that these tests are specifically designed to prove your guilt, not your innocence.
The officer conducting these tests is not doing so to determine that you’re sober and send you on your way. They are using everything you do during these tests to build a case against you. Additionally, police officers sometimes use what can be described as poetic liberty when describing how you performed these tests in their reports, often exaggerating or misrepresenting your performance.
You have the right to respectfully decline to perform field sobriety tests. There is no upside to taking these tests and only downside. Even completely sober individuals can fail these tests due to nervousness, physical conditions, uneven pavement, or poor lighting. By declining, you avoid giving the prosecution additional evidence to use against you in court.
Mistake #3: Volunteering Information or Tests
One of the biggest problems people face during a DUI stop is the natural desire to prove their innocence. This leads many drivers to volunteer information or offer to take tests that weren’t even requested. For example, a driver might decline field sobriety tests but then offer to take the portable breathalyzer test at the scene, thinking it will prove they’re not impaired.
This is an absolute mistake. The portable breathalyzer test administered at the roadside is not the same as the chemical test at the station, and volunteering to take it only provides more evidence for the prosecution. Everything you volunteer during a DUI stop can be used against you.
The key is to exercise your Fifth Amendment right consistently. Don’t speak beyond providing your basic identification information. Don’t volunteer for any tests. Don’t try to talk your way out of the situation. Be cooperative in terms of providing your license and basic information, but don’t do anything that could hurt your case.
Mistake #4: Being Argumentative or Rude
A common misconception is that being argumentative or rude to a police officer during a DUI stop might somehow help your situation. In reality, this behavior almost always makes things worse in multiple ways.
First, your aggressive or hostile behavior can actually be used as evidence that you were under the influence. Prosecutors may argue that your inability to control your emotions or respond appropriately demonstrates impairment. Second, and perhaps more importantly, your behavior during the stop can significantly impact your attorney’s ability to negotiate on your behalf later.
Defense attorneys have seen cases where they could have achieved excellent results for their clients, but the district attorney refused to offer favorable terms because the defendant was rude or hostile during the arrest. A DA who watches body camera footage of a defendant being difficult or disrespectful may decide they don’t want to do that person any favors, regardless of the strength of the case.
While you should absolutely exercise your rights and decline tests, you can do so respectfully and calmly. Being polite doesn’t mean giving up your rights—it means protecting your case from unnecessary complications.
Protect Your Rights During a DUI Stop
Understanding these common mistakes can make a significant difference in the outcome of your DUI case. Remember to exercise your Fifth Amendment right to remain silent, respectfully decline field sobriety tests, avoid volunteering any information or tests, and remain calm and polite throughout the encounter. These steps won’t guarantee a particular outcome, but they will help ensure you don’t make your situation worse.
If you or someone you know has been pulled over for DUI in Riverside or the Inland Empire, having an experienced defense attorney on your side is critical. Earl Carter Criminal Defense can help you understand your options and fight for the best possible outcome in your case.
