Police officers need probable cause to stop
your vehicle but…
can always come up with some excuse to pull
you over.
While the most common reasons for a DUI stop
are…
driving erratically or weaving from lane
to lane…
ordinary traffic stops for moving violations such as speeding, running a traffic
signal or…
failing to signal lane changes, as well as
mechanical violations such as …
burned out taillights, tinted windows, cracked
windshields and…
broken license plate lights can frequently escalate
into DUI arrests.
Be proactive about the condition of your vehicle.
Don’t let your car become a cop magnet.
Regularly check your vehicle’s lighting, replace
cracked windshields…
keep window tinting within permissible guidelines
and…
make sure your license plates (front and rear) are properly secured and not obscured by dirt or mud.
WHAT YOU SHOULD DO
WHEN STOPPED BY LAW ENFORCEMENT
# 1
If you see flashing lights behind you, roll down your
windows and…
vent any unusual odors prior to stopping.
Having all windows down when it is snowing or
raining may look suspicious,
so remember to …
put all of the passenger side windows up before the officer approaches
your car.
# 2
Carefully pull over and gently stop your vehicle.
# 3
Keep your hands where the police officer can
see them.
# 4Be polite and …
ADMIT NOTHING!
# 5
If the officer asks to search your vehicle,
politely say “No”.
N.E.V.E.R.VOLUNTARILY AGREE TO
A SEARCH OF YOUR VEHICLE.
# 6
If you are asked to exit your vehicle…
the officer will almost certainly ask you to
perform the field sobriety test …
and blow into a handheld portable Breathalyzer.
However, before you are actually arrested, you are under no legal
obligation to …
take either the field sobriety test or blow into
a handheld portable Breathalyzer.
What is really happening is that the officer is
asking you to …
cooperate in building a DUI case against yourself.
Agreeing to perform these tests will provide
the officer with observations which …
can establish probable cause for a lawful
DUI arrest.
Without the field sobriety test or a
portable breathalyzer reading …
the officer may not have sufficient probable cause
to arrest you.
# 7
Keep in mind that the officer asked you to take
these tests because …
he is trying to maneuver you into a
situation where …
you are legally required to take a blood, breath or
urine chemical test.
Those chemical test are only legally required under Utah’s Implied Consent law until…
after you have been placed under arrest and
taken into custody.
# 8
The field sobriety test is conducted at the scene of
the traffic stop and …
usually starts with the officer shining his
flashlight in your eyes.
He will be looking for jerking eye motions that
are indications of intoxication.
# 9Remember to politely refuse to take the field
sobriety test.
# 10Next,
you should politely refuse to take the portable
breathalyzer test.
This device is notoriously inaccurate.
Once again, There is no law
that requires you to take a field sobriety test or…
the portable Breathalyzer test
and there is no penalty for refusal.
IF YOU ARE ARRESTED AND TAKEN TO THE STATION OR JAIL,
EVERYTHING CHANGES!!!
you NO LONGER have the right to refuse the officer’s test
request …
you MUST SUBMIT to one or more chemical
test(s) requested by the officer …
Or your license will be revoked for 18 months
with…
no possibility of getting a restricted license.
Your license revocation will almost always stick even if your DUI case is
later dismissed.
Please visit us
Attorney ALTMAN
St. George Utah Attorney Lawyer • DUI • Criminal Defense • Divorce • Family • Personal Injury • Auto Accidents
