Getting pulled over can be nerve-wracking to say the least. If you’re stopped by a police officer, the most important thing to do is remain calm. Even if you are upset about being pulled over, being calm, respectful, and patient will pay off. Following these tips can help you stay safe, talk with the police, and maybe even prevent a ticket or an arrest.

First Steps

As soon as you are pulled over, place the car in park, turn off your ignition, roll down your window, and place your hands on the steering wheel where the officer can see them. If it is dark outside, turn on your overhead light.

The officer approaching your car has no idea who you are and whether you are dangerous so do not give them any reason to be concerned. Do not make any sudden movements. Officers are trained to look for “furtive movement” once they pull you over. For example, an officer will interpret a sudden lowering of your shoulders as an indication that you may have put something under your seat.

Do not get out of your car unless the officer asks you to do so. Similarly, do not go digging through your glove compartment or your pockets for your license or registration until the officer asks you to produce them. The officer might think you are reaching for a weapon and the situation could turn dangerous.

Talking to the Officer

When speaking with the officer, maintain a polite and calm demeanor even if the officer is being difficult. Do not give them any reason to make the stop go on any longer than required. If the officer gives you a lawful command or lawfully requests you to do something, you should cooperate.

The officer does not have to tell you initially why you were stopped. Allow the officer to do most of the talking. Give short, polite responses to the officer’s questions, but do not volunteer any extra information. If the officer asks you to get out of the car or produce identification/registration, you should follow their instructions.

The officer may appear as though he or she may let you off easy if you cooperate with their investigation and answer their questions candidly. However, police officers are trained to attempt to get you to say something incriminating. If they pulled you over, it’s because they already believe you have committed a crime. Therefore, the best practice is to keep your responses short and simple. If an officer asks “do you know why I stopped you?” you should answer “No.” If the officer asks “do you know how fast you were going?” you should just answer “Yes.” If the officer says you were going faster, do not argue. Just give short, non-committal responses such as “I understand” or “Hmmm…” It is also your right to not say anything at all. Your silence is generally not admissible in court so if you’re worried about saying something incriminating, do not say anything until your lawyer is with you.

Do Not Consent to an Officer’s Search

If an officer asks to search your car or your trunk, you are well within your rights to deny the officer’s request. Generally, officers will ask to search your car even if they have no legal ground to do so. Never agree to a search. If the officer has lawful grounds to search your car, they will do so with or without your permission.

If you deny an officer’s request to search your car and they do so anyway, don’t argue or fight with the officer. Just calmly remind the officer “you are searching my car without my permission” and make your attorney aware of this fact. Generally, any evidence an officer finds while unlawfully searching your car is inadmissible.

If an officer asks you to step out of the car, comply with their request. The officer can legally pat you down for weapons if they have reason to believe you might pose a threat to their safety. If the officer finds anything during the pat down that feels like a weapon, they can investigate further.

Driving Under the Influence

If you are pulled over for driving under the influence, do not voluntarily admit that you have been drinking. Most people will try to downplay their drinking by saying they only had a few drinks with dinner.  A better answer to give the officer is “I’d rather not answer any questions, Officer. Am I free to go?”

If an officer asks you to perform field sobriety tests, you can and should decline to do so. These tests are designed for police officers to gather evidence against you and taking them will never help your case. The officer will take any failure of any of the tests as proof that you were driving under the influence.

It is likely an officer will ask you to take a PAS or “breathalyzer” test if an officer suspects you are driving under the influence. Unless you are under 21 or on DUI probation, you do not have to take the test. Politely decline the officers request. If the officer asks why you are declining the test, do not volunteer any information. Say “I’m just exercising my right to decline the test,” and no more.

Your Right to an Attorney

Generally, police will not read you your Miranda rights until long after they arrest you. However, you still have the right to remain silent throughout your entire interaction with the police and you still have the right to an attorney.

Interactions with Police can be unpleasant, especially if the officer becomes antagonistic or repetitive. He or she may also pretend to be on your side and say they want “your side of the story.” No matter the demeanor of the officer, it is in your best interest not to volunteer much information. The police are not neutral and they are just trying to gather evidence to use against you in court.

If the officer keeps asking you questions, simply say you wish to speak to a lawyer before answering any questions. Once you make this request, say nothing more to the police about the case until your attorney arrives.

If you or a loved one is being charged with DUI, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.