Utah DUI Instructions: What to do if you are pulled over for DUI in Utah

Imagine that you’ve spent the evening at a nice restaurant in downtown Salt Lake City, had some alcohol with dinner, and are now driving home.  Blue and red lights flash behind you and you carefully pull your car over to the safest spot.  Thoughts are probably racing through you mind about what you did to get pulled over and how many drinks you had at the restaurant.  These are the steps you should take if you are in this situation:

1. Turn off your car.  Roll down your window just enough that the cop can hear you and you can hand your documents to him.  (You don’t have to roll the window all the way down).  Then put your hands on the wheel until told otherwise.
2. When the officer approaches, do not say anything.  Wait for him to say something first.  Usually, he will ask, “Do you know why I stopped you?”  Anything you say after this point can be used against you later, so make sure you stick to polite answers.  You can tell the cop that you aren’t sure why you were pulled over but are happy to cooperate.Be sure to keep conversation to an absolute minimum.  The more you talk, the more he can smell your breath.  If the officer smells any alcohol, he will want to investigate.  If the officer asks you how many drinks you’ve had, do not answer directly.  Instead, say “none” or “I’m not comfortable answering that question.”
3. The cop will usually then ask for license and registration.  You must provide these documents or the cop has grounds to arrest you.  Find the documents and hand them to him.

At this point, let’s assume that the police officer has smelled alcohol on your breath.

1. The cop will ask you to step out of the car.  Follow his directions.
2. The cop will ask you to take some field sobriety tests.  Do not take them because they are inaccurate and the police officer can manipulate the results.  Even if you are stone cold sober, it is possible to fail a field sobriety tests.  Politely tell the officer, “I don’t feel comfortable doing any test” or “I do not consent to these tests.”  If the officer asks why, repeat what you just said.  You do not have to give the officer a reason.
3. The cop will ask you to take a breathalyzer.  At this point, you have to make an important decision.  When you applied for a driver license, you agreed that anytime a police officer asked you to take a breathalyzer, you would comply (known as “Implied Consent”).  Even if you don’t remember signing anything that said that, you did and not remembering is not an excuse.  The consequence of refusing a breathalyzer is the revocation of your driver license.You do not have the right to consult an attorney or wait for an attorney to be present as a condition of taking a breathalyzer or other test.  Sometimes, it is better to take the test and then have your attorney fight the results of the test.  Breathalyzers are not perfect and many times, a court will throw out the results.
4. If you pass the breathalyzer, you could still be cited for a DUI or the cop will let you go.  If you don’t pass the breathalyzer, the cop will arrest you.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing.

Related posts:

1. Police Can Request A Breath, Blood or Urine Sample in DUI Case if you have a Utah Drivers License
2. Question: I only had one beer, so how can I be arrested in Utah for a DUI?
3. Are Utah Blood Alcohol Content (BAC) results accurate?

Tags: DUI in Utah