What Should I Do If I’m Stopped for a DUI?

CT-DUI-Laws
What Should I Do If I’m Stopped for a DUI?

If you’re stopped for driving under the influence, what should you do? Here are the basics. 

Provide Your Driver’s License, Insurance, and Registration 

You are legally required to carry your driver’s license, insurance card, and vehicle registration. If you are not carrying this documentation, refuse to provide it, or provide false information, you may be ticketed or even arrested, and charged with any number of offenses, including interfering with a police officer in the performance of their duties. 

Politely Decline to Answer Additional Questions 

The officer will ask you where you came from, where you’re going, and when you last consumed an alcoholic beverage, illegal substance, or controlled medication. You do not have to answer these questions. You have the right to remain silent, and you should absolutely invoke it to prevent the officer from having a statement that can be used against you. Be polite about it.  But do it.

Decline to Submit to Field Sobriety Testing 

Contrary to popular belief, you are not legally required to submit to field sobriety testing, even if the officer who stopped you requests that you do. They may attempt to intimidate you or make you believe that you have to submit to these tests, but it is your right to politely decline. Doing so can protect you from having evidence gathered against you. 

Take the Breathalyzer Test Only if You Have Had 2 Drinks or Less; Otherwise, Refuse

After the police officer arrests you on-scene, you will be taken to a nearby police station, where the officer will ask you whether you want to take a breathalyzer test.  It is your choice whether to take the test or refuse.

 

Before you make the decision, the officer will read you what is called an “Implied Consent Advisory,” which explains the administrative consequences of 1) taking the test and blowing a 0.08 or above, or 2) refusing to take the test.  The key thing to understand here is that if you blow UNDER a 0.08, you will not suffer any administrative consequences. 

 

So, this is where you need to be honest with yourself. How much have you REALLY had to drink?  If you only had 2 drinks or less, you stand a very good chance of blowing under a 0.08. Go ahead and take the test.  But, if you have had more than 2 drinks (and, let’s be honest – that is the case for most people), then you should refuse.

Contact an Attorney as Soon as Possible 

If you are charged with a DUI in Connecticut, don’t wait to get help from an attorney who can help protect your rights after an arrest. Drunk driving charges are serious and can impact you for the remainder of your life, making it more difficult for you to get a job, apply for a loan, or pursue higher education. Contact Iron Chris Immigration & Criminal Defense today for more information on what steps you need to take after a DUI arrest. Call now at 860-530-1781. 

Christopher Llinas

J. Christopher Llinas is a Connecticut criminal defense and immigration attorney with over 25 years of legal experience. He is the founder of Iron Chris Criminal Defense & Immigration, based in Middletown, CT. Chris earned his J.D. from Franklin Pierce Law Center (now the University of New Hampshire School of Law) in 1997 and holds a B.A., magna cum laude, in English from Salisbury University. During law school he served as a teaching assistant for Civil Procedure and Constitutional Law, and competed in moot court and trial advocacy programs. He began his legal career as an Assistant Public Defender, defending clients in felony, misdemeanor, and traffic matters. He later served as an Assistant State's Attorney, prosecuting criminal and traffic cases — giving him a firsthand understanding of how the prosecution builds its case. He has also served as a law clerk, legal aid attorney, and in-house corporate counsel before dedicating his practice to criminal defense and immigration. Chris is admitted to practice in Connecticut, Maryland, the U.S. District Court, and the U.S. Court of Appeals. He is a member of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers (NACDL), the National College of DUI Defense (NCDD), and the American Immigration Lawyers Association (AILA). His practice covers DUI and OUI defense, drug charges, weapons charges, violent crimes, juvenile matters, probation violations, federal criminal defense, and immigration removal proceedings throughout Connecticut.

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