What You Should & Shouldn’t Do When Pulled Over For a DUI

Getting pulled over for DUI is a scary experience. Your heart races, your palms sweat, and you start to feel panicky. It’s important to remember that you have rights and there are certain things you should and shouldn’t do if you find yourself in this situation.

Here are the top 5 things you should never do if you get pulled over for DUI.

1. Don’t give the officer a hard time.

The last thing you want to do is give the officer any reason to believe that you’re guilty of DUI. Anything you DO or say can be used against you in the court of law.  Do not get beligerant with the officer, threaten, or take any physical action.  If you are being pulled over by a police officer you should be polite and respectful, follow instructions the officer gives to you, and handle yourself in a calm and collected manner.

2. Don’t try to talk your way out of it.

It is absolutely natural to want to explain yourself and try to talk your way out of the situation.  You very well may have a great reason for what is transpiring. However, it is in your best interest to resist the temptation to reason your way out. It is important to remember that less you say, the better. If you say something, as innocent as you may have meant it, it could be misinterpreted or potentially harmful to your case.  Unfortunately, more clients that not have actually found themselves in this very situation where they have said something unintentionally and it was used against them in court.  Once you say something, it is impossible to “unsay” it.

3. Ask to speak to your attorney before agreeing to take any tests. 

Again, be polite with the officer who is requesting that you take a breathalyzer or another other tests.  You can respectfully ask that you speak with an attorney prior to taking these tests. While you do not have the right to speak to your attorney between the time of your arrest and BAC testing, you do have the right to remain silent. You can express your consent or refusal to undergo BAC testing but you do not have to answer any questions.  We recommend waiting for your attorney before answering any questions.  If you were to answer questions, any answers that your provide to law enforcement may be used as evidence against you in your legal case and could cause additional harm to your case.

4. Don’t run away or try to hide.

Trying to flee the scene will only make the situation worse and will likely result in more charges being filed against you. Evading a police officer can come with possible jail time and hefty fines.  Not to mention, it hurts your case far more than the damage already done.  Texas law defines evading arrest as intentionally fleeing from a person you know is a peace officer that is trying to lawfully arrest and detain you.  Penalties and fines can include the following:

• Evading arrest while on foot is a class A misdemeanor punishable by a fine and up to a year in jail
• Evading arrest on foot while you have a prior conviction for a similar crime is a felony that can lead you
• Evading arrest while in a vehicle or water vessel is a state felony punishable by up to 2 years in a state jail or a fine or both.
• Evading arrest while on foot or while on a motorized vehicle with a prior conviction for evading arrest is a third-degree felony punishable by a fine and up to 10 years in jail
• If you harm a person while evading arrest or while fleeing from police, it is a third-degree felony punishable by up to 10 years in prison and fines

5. Do not post about the situation on social media.

Any evidence that you post on social media can and will be used against you in court, so resist the urge to discuss the incident on any social media platform.  This includes bragging about getting away with something or ranting about some sort of injustice you feel happened at that time.  Keep quiet about the situation in order to protect yourself from making matters even worse. 

Above all, we cannot stress enough how dangerous drinking and driving is, not only to you, but to those around you.  According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a leading cause of traffic fatalities. Drinking and driving kills 28 people a day in the U.S. that is about one person every 52 minutes.  That does not just include the drunk driver, that statistic also includes the number of people killed by a drunk driver.

Another note, do not drink and drive with a child in the vehicle.  Not only would this be risking the life of the child, but this carries additional charges of Endangerment to A Child. 

The Law Office of Chad Zubi, PLLC offers free consultations and we are here to help you through the process of your legal case.  If you have been detained for a DUI, call our office immediately.

Our law firm and our experienced attorney believe in educating our clients and making sure they fully understand their rights, in order for our clients to make the best decisions.  We understand how this can negatively impact a person’s record and their life.  We are passionate about fighting for the best outcome for our clients.  If you would like to speak with an experienced criminal defense attorney regarding your DUI case, you can book your free consultation here, call our office at 832-777-8924, or email Chad@chadzubi.com.  Our client’s cases are handled with the utmost professionalism, care and diligence.

We handle the following cases: DUI/DWI, Public Intoxication, Theft, Assault, Domestic Violence, Probation Violations, Juvenile Crimes, and more. 

We serve clients in the following counties:  Harris County, Montgomery County, Ft. Bend County, Brazoria County, Galveston County, Montgomery County, Polk County, San Jacinto County, Waller County, Liberty County and other counties surrounding the Houston area.