10 Things When a Cop Stops You for DUI — What Should You Do?
When stopped for a DUI, you should remain calm, turn on interior lights, and place your hands on the steering wheel. Do not confess to drinking, but you can provide your license and registration when asked. You should also politely decline field sobriety tests and the preliminary roadside breath test, but be aware that state laws vary on implied consent for chemical tests after arrest, so it’s best to refuse roadside tests and consult a lawyer about post-arrest tests.
10 Things When Cop Stops You For DUI
- Pull over safely and immediately: Turn off your car, turn on your interior lights at night, and place your hands on the steering wheel. Avoid any sudden movements.
- Be polite and respectful: Remain calm and be respectful to the officer, even if you feel the stop is unwarranted.
- Do not lie: Do not lie to the police officer, but also do not volunteer information like admitting you were drinking, as this can be used as probable cause.
- Answer questions truthfully but briefly: You are required to provide your driver’s license, vehicle registration, and proof of insurance when asked. For other questions, you may politely inform the officer that you have been advised by your attorney not to answer until you have consulted with them.
- Regarding other questions, you can politely state you have been advised by an attorney to not answer questions until you have consulted one.
- Politely decline field sobriety tests: You can decline to take these tests without immediate legal penalty, but refusing may still lead to arrest.
- Decline the preliminary breath test: Do not take the roadside breath test, especially if you are not legally required to do so (e.g., if you are under 21 or on probation for a DUI).
- Do not consent to a vehicle search: Police generally need probable cause or a warrant to search your vehicle, so do not give them consent.
- Know your rights regarding a chemical test: If you are arrested, you may be legally required to submit to a chemical test (breath or blood), and refusing could lead to additional penalties, as this is often part of implied consent laws. Consult an attorney to fully understand the implications for your state.
- Stay silent on anything else: Avoid trying to justify your driving or trying to befriend the officer. Don’t try to talk your way out of the situation.
- Contact a lawyer: After the stop, contact a DUI attorney as soon as possible to understand your rights and options.
How Do You Protect Your Rights Without Escalating The Stop?
Respect is crucial during a DWI stop. Keep your hands on the wheel, announce any movements, and avoid sarcasm. Roll down your window and keep your hands visible to reassure the arresting officer. You have the right to remain silent and are not required to answer incriminating questions.
Stay polite and calm, state if you wish to remain silent or want an attorney, and comply with lawful commands while protecting your rights. Documenting the encounter and video footage from dash or body cameras can help evaluate the stop’s legality and build a strong defense.
When Can You Refuse Field Sobriety Or Preliminary Breath Tests?
Roadside coordination tests, known as field sobriety tests (FSTs), are generally voluntary. Common FSTs include the Horizontal Gaze Nystagmus (eye test) and the One-Legged Stand, where you balance on one foot and count to thirty.
Preliminary breath tests (PBTs) are conducted on-site and are less reliable than later evidentiary tests. You may refuse FSTs and PBTs in many states, but refusal can be used against you in court. Always ask if tests are voluntary before agreeing.
Blood Test and Evidence Collection
When a police officer requests a blood test during a DUI investigation, it measures your blood alcohol concentration (BAC) and is key evidence. Refusing may lead to a warrant for forced blood draw and harsher penalties. Consult a DUI attorney immediately to understand your options.
Ensure proper handling and storage of your blood sample to avoid contamination. Any errors in collection or documentation can be challenged in court. Your attorney will review police reports and evidence for mistakes that could weaken the prosecution’s case. Accurate blood test evidence is critical, so expert review is essential for your defense.
What Should You Say — And Not Say — To Police?
Beyond providing your driver’s license, vehicle registration, and proof of insurance, you are not obligated to answer questions about your whereabouts or alcohol consumption. If asked, “Have you been drinking tonight?” you can decline to answer to avoid self-incrimination. Inform the officer if you need to retrieve documents. You have the right to refuse a vehicle search; consenting may waive your right to challenge the stop later.
| Decision Point | What It Means | Potential Impact |
|---|---|---|
| Field Sobriety Tests | Coordination & divided‑attention tasks on roadside | May be used to establish probable cause; often subjective |
| Preliminary Breath Test (PBT) | Portable device estimate of BAC at the scene | Positive result can support arrest; evidentiary limits vary |
| Evidentiary Chemical Test | Breath, blood, or urine at station or clinic | Refusal may trigger license sanctions under implied consent |
Your statements and actions during the stop will be documented in the officer’s report and police report. These reports can later be reviewed by your attorney to identify any errors or inconsistencies that may help your defense.
How Do Officers Establish Reasonable Suspicion And Probable Cause?
An officer must have a reasonable basis, such as a traffic violation, to initiate a stop, and needs reasonable suspicion to stop and probable cause to arrest. Slurred speech, odor of alcohol, poor driving, admissions, or test results may build that case. If the stop is found to be an illegal stop, any evidence obtained may be excluded from court. Your calm, minimal statements limit what gets added to the probable‑cause record.
What Evidence Matters Most In A DUI Case?
Core evidence includes dash and body camera footage, breath and urine test results, and officer reports. Factors such as timing, instrument calibration, medical conditions, and environment can create reasonable doubt. Breath machines must be properly maintained and calibrated; malfunctions can lead to unreliable results. Urine test procedures and timing can also be challenged.
Lawyers compare sobriety tests to official procedures to identify errors. Breath or blood test results above the legal limit can be disputed. If Miranda rights are not read during arrest, statements may be excluded from court.
How Does Implied Consent Affect Chemical Testing Decisions?
Under implied consent laws, refusing a chemical test after a lawful arrest usually results in a mandatory driver’s license suspension, often 6-12 months or longer. Refusing a breath sample can extend the suspension and may lead to a court order forcing you to submit to breath or blood testing. Consider these consequences and ask to speak with an attorney before deciding.
What Are Common Mistakes Drivers Make At DUI Stops?
The vast majority of drivers make mistakes during DUI investigations, such as over-talking, attempting comedy, or arguing. Others accept tests they don’t understand. Avoid guessing your BAC, reenacting driving, or performing unrequested tasks. Short, polite responses protect you far more than roadside debates.
When Should You Contact A DUI Attorney After Release?
After release, immediately record details of the stop: time, location, weather, statements, witnesses, and keep any receipts or texts. Save any video or evidence to help your attorney build a defense and identify police errors. An independent blood test can challenge police results. Contact an attorney promptly to meet deadlines and start your defense. Early documentation strengthens your case.
What Penalties And Collateral Consequences Can Follow?
A DUI can result in fines, jail time, ignition interlock, higher insurance, travel restrictions, loss of driving privileges, and job licensing issues. Commercial drivers risk losing their commercial license. Hiring a certified DUI attorney provides expert defense to challenge the stop, arrest procedures, and evidence, potentially leading to dismissed charges or reduced penalties. Early legal advice helps avoid collateral consequences and meet court deadlines.
How Can You Prepare For Court And License Issues?
Gather court notices, read the complaint, note deadlines, and work with your lawyer. Courts review legal and procedural issues in your case. Many attorneys offer free consultations to discuss your options. DUI lawyers can find law enforcement errors that may dismiss charges. Proper preparation can improve your case outcome.
Making Informed Decisions
During a DUI stop, stay calm and polite. You have the right to refuse field sobriety tests like the walk and turn or horizontal gaze nystagmus tests, but refusal or failure may have consequences. Always know your rights: you can remain silent and request an attorney before making decisions. Consult your lawyer to decide whether to take or decline tests. Being informed helps protect your rights and improves your chances in your DUI case.
What Should You Avoid Saying Or Doing?
- Do not argue, joke, or try to talk your way out of it.
- Do not admit drinking or estimate “how many.”
- Do not resist or make sudden movements.
- Do not guess the law—ask to speak with counsel.
Ready To Protect Your License And Record?
If you were stopped for suspected DUI in Minnesota, get clear, immediate guidance. Call 612-341-9080 or request a consultation to discuss your options and deadlines.
Frequently Asked Questions
What Should I Say If Asked Whether I’ve Been Drinking?
Provide your identification, then calmly state you wish to exercise your right to remain silent and to speak with an attorney before answering questions.
Can I Refuse Field Sobriety Tests During A DUI Stop?
In many places, you may decline roadside coordination tests. However, laws vary. Chemical tests after arrest are usually subject to implied consent rules.
Do I Have To Take A Preliminary Breath Test On The Roadside?
Some states allow adults to refuse a PBT before arrest, while others impose penalties. Ask if it is voluntary and request to speak with counsel.
What Is Implied Consent And How Does It Affect Me?
By driving, you give implied consent to evidentiary chemical testing after a lawful arrest. Refusal can trigger license revocation even if you are not convicted.
When Should I Call A DUI Lawyer?
As soon as practical after release—or sooner if permitted. A lawyer can advise on testing, license deadlines, and defenses.
Could My Statements Be Used Against Me Later?
Yes. Anything you volunteer can be evidence. Invoke your right to remain silent and request counsel before answering questions.
Resources
- NHTSA: Drunk Driving
- CDC: Impaired Driving Facts
- Minnesota Statutes § 169A (DWI and Implied Consent)
- Minnesota DPS: Implied Consent Advisory
- Cornell LII: Miranda v. Arizona
Further Reading
- Minnesota Increases Drunk Boating Enforcement
- What To Do If You’ve Been Charged With DWI While Parked
- A DWI in Minnesota Goes Beyond Alcohol Use
- How Many DUI Arrests Happen Each Year in the U.S.? (2025 Report)
This content is for general informational purposes only and is not a substitute for professional, tailored advice. Our services are strictly focused on Criminal Defense within the Minnesota area. This article is not a guarantee of service representation.
