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What Are Your Rights When You Get Pulled Over?

If you are pulled over by an officer under the suspicion of driving under the influence, it is important to be aware of your rights. The officer may ask you a series of questions, which if answered, will be part of his report. You do not have to answer any of these questions, as you are entitled to speak with an attorney first. Denying to respond does not contribute to reasonable suspicion, meaning that your refusal to speak cannot be considered an admission of guilt.  If the officer asks you to step out of your vehicle, you have the right to respectfully decline. As of right now you have only been pulled over under the pretense of a traffic stop, so you should ask the officer if you are free to go. The Officer then has to decide whether to place you under arrest or let you leave.

In some instances, they may ask you to take a field sobriety test or a breathalyzer. It is your right to refuse to do so. However, if you are asked to take a breathalyzer test, and refuse to do so, you will lose your license automatically for six months. In the eyes of the law, driving is a privilege, and in refusing the breathalyzer, you waive that privilege.  It has nothing to do with whether you are found guilty or innocent of the OUI.

Ultimately determining how to conduct yourself in this situation can be difficult and it is easy to slip up when under pressure. As there are a multitude of factors at play, how you conduct yourself can really control the outcome.

white and blue police car in front of gray SUV near road

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