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When pulled over by police, many drivers instinctively try to be as cooperative as possible in an attempt to curry favor with the officers. Unfortunately, this approach often has the opposite effect, especially when you inadvertently surrender some of your rights. Understanding what you can and should do if pulled over on suspicion of a DUI is the first step to mounting an effective legal defense.

3 Rights to Remember if Stopped by Police

1. The Right to Remain Silent

In any engagement with a police officer, remember that their primary purpose is to collect information, no matter how conversational it may appear. While you’re usually required to identify yourself and present your driver’s license, politely refuse to answer any questions about where you’re coming from or any other topic. In most cases, officers are only looking for probable cause to conduct a search or place you under arrest.

2. The Right to Refuse a Search

duiBefore searching your vehicle, police officers must have probable cause or a warrant. However, if they see evidence in plain view or believe you appear intoxicated, they may ask you to take a field sobriety test, the results of which can justify a search. Be aware that officers often phrase their requests for a search in ambiguous language, such as “do you mind if I search your vehicle?” Always respond with a clear denial, rather than a simple “yes” or “no.”

3. The Right to Refuse Field Sobriety Tests

Most states, including Missouri, have “implied consent” laws, which means you could be subject to severe penalties if you refuse to submit to a chemical, blood, or breath test. However, you do have the right to refuse to take field sobriety tests, although your decision to do so can be used as evidence against you later.

 

If you’ve been arrested for a DUI, only a skilled attorney can ensure that you’re treated fairly throughout the process. The award-winning legal team at Coyne, Cundiff & Hillemann, PC, in Lake St. Louis has over 75 years of combined legal experience and a reputation for giving each of their clients the most aggressive representation possible. Visit their website to learn more about how they can help, get more tips on Facebook, or call (636) 561-5599 to discuss your DUI today.

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