When you’re going out on the town or celebrating a milestone, like your anniversary, it’s not uncommon to lose track of the amount of alcohol you may have consumed. Most of us have no intention of drinking and driving but, as any DUI Minnesota lawyer can tell you, getting pulled over and possibly arrested for a DUI is not uncommon – even for law abiding citizens.

Let’s focus on what your rights are and what you should (and should not) do if you are pulled over.

What Constitutes Probable Cause?

Unless there’s an actual witness to alleged felonious behavior, establishing “probable cause” can be complicated. In a case of driving while intoxicated (DWI/DUI), police may stop a driver by citing standard traffic violations such as

• Speeding
• Broken tail lights
• Failure to use your turn signal
• Erratic behavior
• Expired license plates/inspection tag
• Loud muffler
• Failure to obey traffic signals

These are all common reasons for a driver to be pulled over.

Your Rights if Suspected of Drinking While Driving

After approaching your car, the police officer must have a reason to believe that you are intoxicated. If he/she sees beer cans on the floor boards, smells alcohol or you are acting strangely, then these observations qualify as probable cause for citing and arresting you for a DUI.

While the officer may request that you take a field sobriety test or submit to a breathalyzer, it is within your rights to refuse. This doesn’t necessarily let you off the hook. If you are brought into the police station, you cannot refuse a chemical test once you’re in police custody.

By the time you’ve reached the station, the alcohol in your system may have metabolized. If you pass the chemical test, they have to let you go. If not, you will be charged with a DUI. That’s when you’ll want to call a Minneapolis DUI lawyer.

Keeping Out of Trouble if Stopped or Arrested

You have the absolute right to remain silent. Do not take this right lightly. Even casual conversation can lead to a line of questioning that you may feel compelled to answer. Everything you say can be used against you. Remember, officers are trained to watch and wait. Many people are uncomfortable with long silences and blurt out something that may incriminate them such as “I only had a few beers.”

You have the right to refuse a search of your car. If the arresting officer asks, it’s generally because he/she knows that they don’t have the right to search and need your consent. If you are ordered to hand over your keys, state that they do not have your permission to search.

Finally, the best advice we can offer is remember to be polite, respectful and composed; and ask to speak to an attorney. That’s all you need to say.