No one enjoys being pulled over by the police. It can be nerve-wracking even if it is for a minor traffic violation. However, if you are pulled over for a DUI – whether you have been drinking or not – it can turn you into a nervous wreck. And it’s even worse if you aren’t sure what to do.
Getting arrested can cause even more anxiety. People tend to do a lot of things they shouldn’t when they get nervous. They say things they shouldn’t and can incriminate themselves due to sheer anxiety over being stopped.
If you are stopped and arrested for a DUI in Nevada, here’s what you need to know.
If You Are Pulled Over by the Police
From the moment an officer pulls you over, he or she is evaluating you. Every word you say, if you seem overly nervous, if you are slurring your words, they are watching it all. It is how they begin building a case against you.
And a DUI arrest usually begins with a traffic stop or DUI checkpoint.
- Exercise safety and caution when pulling over. Make sure your car is not on the road and not blocking any intersections, side streets, or lanes.
- If you are approaching a DUI checkpoint, you do have the right to avoid it. But if you go through it you do have to stop.
- Turn off your ignition. Roll down your window at least several inches so that you can easily talk with the officer and give him or her your information such as license, registration, and insurance info. If you have power windows, lower your window before turning off your vehicle.
- If it is dark outside, turn on your dome light inside the car.
- If you have a radio playing or your phone broadcasting something through your car’s speakers, turn it off.
- Rest your hands on the steering wheel so that they are fully visible to the officer.
- Wait until you are asked before getting your license and other information. Before reaching for it, verbally let the officer know that you have to get it out of the glove compartment, your purse, or wherever you keep it.
- Remain calm and courteous. Do not use inappropriate language. Don’t get an attitude with them officer even if you believe you did not do anything wrong. Don’t talk back or speak sarcastically to the officer.
- You have the right to ask why you were pulled over.
- Do not display any hostility in your tone, speech, words, or actions.
- Do not argue with the officer. Don’t inform them that you know your rights or anything that could be construed as combative or hostile.
- If you have been drinking, you don’t have to speak. You do have the right to remain silent and it is usually best that you do so. You can do this in a polite, courteous manner, something simple like, “I respectfully decline to speak, exercising my right to remain silent unless my attorney is present.” They don’t speak or make any noises.
- If the officer asks you to get out of the vehicle, you should do as you are asked. Do not physically resist and don’t argue. Get out of the car and stand where they tell you to stand but don’t speak and don’t answer questions other than your name.
- If the officer wants to search your vehicle, politely decline. Say something like, “I respectfully do not consent to a search of my vehicle.” If the officer tries to talk you into it or attempts to intimidate you, just say once again that you do not consent to a search of your vehicle. It is important to stay calm no matter what happens.
- If the officers believe that they have probable cause (N.R.S. 171.1232) to conduct a search of your vehicle anyway, do not argue with them and do not resist.
- If the officer tries to ask you questions during or after the search, repeat that you respectfully exercise your right to remain silent without your attorney present. Then don’t talk.
- You have the right to refuse to comply with sobriety tests, but be aware that there may be consequences for doing so.
If You are Arrested for a DUI
If you are arrested for a DUI, there are a few things that you should be aware of. These things could have a significant impact on your case.
- You have the right to ask why you are being arrested and what your charge is.
- You have the right to remain silent and not speak unless your attorney is present. It is best that you respectfully exercise this right.
- You have the right to make arrangements for your vehicle and possessions so your car can be safely transported from the point where you were stopped (unless the car is impounded).
- Cooperate with the officers. Don’t resist or argue. It is best that you keep quiet, but do as they say and don’t give them any reason to believe that you are resisting arrest or being hostile. But cooperation does not mean that you should talk. In fact, it is best if you don’t speak.
- Don’t try to talk your way out of the arrest and don’t try to explain yourself. Anything that you say can be used against you in court. And you better believe that the prosecutor will use it!
- Call a DUI attorney as soon as possible and get them working on your case.
Pay attention to everything during the stop and arrest. Things that may seem insignificant to you could be very important to your DUI case so tell your attorney everything.