Getting pulled over can be a nerve-wracking experience, especially if you’ve had a drink or two earlier in the night. Whether it’s for a minor traffic violation or suspicion of drunk driving, how you handle the situation can make a big difference in what happens next. If you’re ever in this position, it’s important to stay calm and know your rights. Let’s break down exactly what to do when you see those flashing lights behind you.
1. Stay Calm and Pull Over Safely
The moment you see the police lights, safely pull over to the side of the road. Turn on your signal and gradually slow down. The key is to show the officer that you’re being cooperative from the start. Avoid any sudden movements, and be sure to put your car in park.
Pro Tip: Turn off your engine, roll down your window, and place your hands on the steering wheel where the officer can see them. This shows you’re not a threat and helps ease the tension of the traffic stop.
2. Be Polite, But Know Your Rights
When the officer approaches, you’ll likely be asked for your license, registration, and proof of insurance. Be polite and provide the documents, but remember—you have the right to remain silent beyond basic information. If the officer begins asking questions that make you uncomfortable, such as, “Have you been drinking tonight?” you are not obligated to answer.
Instead, you can respectfully decline by saying, “I’m sorry, officer, but I’d prefer not to answer any questions without speaking to my attorney.”
3. What Happens if You’re Suspected of DUI?
If the officer suspects you of drunk driving, they may ask you to perform a field sobriety test or take a breathalyzer test. This is where things can get tricky.
- Field Sobriety Tests: These tests, like walking in a straight line or standing on one leg, are subjective and not always accurate. You have the right to refuse to participate in these tests, but be aware that doing so could raise the officer’s suspicion.
- Breathalyzer Test: Refusing a breathalyzer in Rhode Island can lead to an immediate refusal charge, which carries penalties such as a suspended license and a hearing at the Traffic Tribunal. However, breathalyzer results can sometimes be contested in court with the help of an experienced DUI defense lawyer.
4. What Happens If You’re Arrested?
If you’re arrested for drunk driving or a refusal, it’s important to remember that you still have rights. Stay calm and don’t resist, even if you believe the arrest is unjust. Once you’re taken into custody, you’ll be read your rights (the Miranda warning), which includes the right to remain silent and the right to an attorney.
This is when it’s crucial to contact a DUI lawyer. At Almagno Law in Cranston, RI, we specialize in DUI defense and can help you navigate the legal process, whether you’re facing charges for drinking and driving, refusal, or another traffic-related issue.
5. Understanding the Traffic Tribunal
If you’ve been charged with a refusal or a DUI, you may need to appear at Rhode Island’s Traffic Tribunal. This court handles a variety of traffic offenses, including drunk driving. A strong defense is key to protecting your license and avoiding hefty fines or jail time.
A skilled DUI defense lawyer in Cranston can make all the difference in defending your case at the Traffic Tribunal. Whether it’s challenging the legality of the stop or contesting the breathalyzer results, having an experienced attorney by your side can significantly improve your chances of a favorable outcome.
Conclusion:
Getting pulled over, especially if you’re suspected of drunk driving, can be intimidating. Knowing your rights, staying calm, and calling a DUI lawyer are your best steps to protecting yourself. If you’re facing charges in Rhode Island, whether for a DUI, refusal, or another traffic offense, contact Almagno Law in Cranston, RI for expert legal guidance. We’ll help you navigate the legal system and fight for the best possible outcome in your case.
