Getting pulled over by the police can be an intimidating experience. You won’t immediately have a traffic offense attorney there to tell you about your rights, so you may have to rely on the officer to guide the encounter. However, learning about your rights in advance can prepare you in case you get pulled over.

What Rights Should You Be Aware of During a Traffic Stop?

1. Right to Remain Silent

A traffic stop is considered a form of detainment, which means you have the right to remain silent. While you do have to provide vital information, such as your name and age, resist the urge to provide any additional information, such as where you were coming from or how much you had to drink. 

2. Right to Refuse a Breathalyzer Test 

When you apply to get a driver’s license, you automatically agree to implied consent laws, including the agreement to submit to a breathalyzer test. While you can still refuse, be aware of the consequences of declining. In Missouri, for example, there’s a mandatory one-year license suspension for refusing. Even if you do refuse, the officer may still cite you with a DWI charge based on other evidence and their own evaluation of your sobriety.

3. Right to Film the Encounter

In modern times, a traffic stop is likely already being filmed via the officer’s body cam, but you are also entitled to film the encounter. The only stipulations are that you must inform the officer that you’re filming and can’t allow it to inhibit the officer’s duties. If the officer objects to you recording the encounter, advise them that you will refer the matter to a traffic offense attorney.

If you’re pulled over, it’s wise to ensure a traffic offense attorney is present for any additional questions outside of the vital information. Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO, specializes in handling DWI charges, along with personal injury and workers’ compensation claims. If you have been charged as a result of a stop, consult a traffic offense attorney as soon as possible. One of the firm’s lawyers may be able to help you obtain a more favorable outcome in your case. To learn more about their areas of practice, visit their website, or call (636) 561-5599 to schedule an appointment for an initial consultation.