What NOT to Do If You Are Stopped By the Naperville Police for a DUI: Lesson 1 - Don't Incriminate Yourself

As a DUI defense lawyer, I am frequently asked, "What should I do if I'm pulled over and have been drinking?"  As always, if you'd like a personal response to this or any other DUI question call DUI attorney Brent Christensen  at 630-665-5965.  Otherwise, please read on.  Typically folks that ask the question of "what to do if pulled over for a DUI" are only thinking about whether or not they should take a breathalyzer.  But the fact of the matter is, that there are many things that they should be doing - or more accurately - NOT doing before the breathalyzer issue even comes up.  This series of blog posts lays out my best advice of what not to do in the inital stages of police contact.  In this post, we'll talk about not incriminating yourself.

Typically when a police officer pulls you over for a traffic violation, no matter how minor, in Naperville after dark, that officer will be looking for a possible Naperville DUI arrest.  What you answer to very simple initial questions can make a difference to your legal defense if you are ultimately arrested for a DUI in Naperville.  The key point is to understand that if you've been drinking, you are probably not going to "talk your way out" of being arrested.  If you've been drinking, the arresting officer will most likely be able to smell the odor of an alcoholic beverage coming from your breath.  He already has formed a conclusion that you have been drinking.  So telling him you've only had one or two is not going to help you.  Similarly, telling him where you're coming from if it's a bar or restaurant is not going to help you.  You must understand that the more you say in any police stop the worse off you're going to be.  So it is always best to choose your words carefully.

Almost any traffic stop will begin with the officer approaching your vehicle and asking you for your license and proof of insurance.  Sometimes the police may ask for vehicle registration also.  If you've been out having a couple of drinks it's always a good idea to locate your license, insurance card, and registration BEFORE you even begin driving. Take these document out of your wallet or the glove box before you even leave and put them in the center console so you can produce them instantly as the officer approaches your car.  If you have to fumble looking for these documents the cop's report will be written in such a way as to suggest that fumbling for them was a result of your being drunk. 

Sometimes the officer will begin by telling you why he pulled you over.  If he does, just nod politely.  More likely though, he'll start by trying to ask you questions like: "Do you know why I pulled you over?"  "Do you know how fast you were going?"  or "Are you aware that you did this or that?"  Remember he wants to get you talking.  Usually if the question start with "Did you know . . ." your answer should usually be "no" and leave it at that.  Don't attempt to explain yourself.

The officer may ask you where you are coming from.  If you answer this question either truthfully or untruthfully you can be sure of one thing:  That Naperville DUI cop is going to ask you follow up questions.
So if you're asked "where are you coming from?" or "where are you headed?" Your answer should always be the same.  Simply tell the officer that you'd prefer not to say.  He may press you.  "Why?"  Say again, "I'd prefer not to say."  The officer may press you.  Don't panic.  As long as you don't lie you can't get in any more trouble than you're already in.  And if you have indeed been drinking no amount of talking by you will help you avoid arrest.  Continue to be polite but do not deviate from your script.

If the officer asks you what your name is tell him and then shut up.  If he asks you your address, tell him and shut up.  But if he asks you any other question, and I mean ANY other question you will always be best served if you answer simply, "I'd rather not say."

If the Officer asks you to step out of the car, then you say, "Am I under arrest?"  If he says yes then get out of the car and say nothing else.  If he says "no" then say "I'd rather stay in the car"  If the officer says  "just wants you to get out of the car to do some tests," at this point the best plan is to comply and get out of the car without leaning on the door handle.  But again say that you'd rather not do any tests. 

Be prepared.  The officer will do almost anything to get you talking or to do tests.  He might yell, he might try to persuade you.  Be polite and firm. 

If the Naperville DUI officer asks you to look at him and keep your head still and follow his pen or his finger with your eyes say, "I'm not going to do that test."  If he asks why, just say, "lawyer told me." 

If while on the street the cop tells you to blow into a device he has right there, politely refuse.  This is the portable breath test device.  At this point, despite what he says, this officer has already made the decision to arrest you.  He may tell you that if you blow and blow under the limit he will let you go.  DO NOT BELIEVE THIS.  Politely refuse the portable breath test.

Don't let the officer get to you.  He is not your friend.  He is there to do his job.  You have no right to resist his arrest but you have an absolute right not to incriminate yourself.  Finally if you are told to put your hands behind your back do it.  Never physically resist. 

By hanging tough in politely refusing as discussed in this post, you will greatly improve your chance in having a favorable result in your Naperville DUI case.  If you'd like to discuss this or any other DUI issue, feel free to call Brent Christensen, Naperville DUI attorney at 630-665-5965.