What to Do If You are Pulled Over for a DUI In DE

Law Office signDo you know what to do if you are pulled over for a DUI in Delaware? Do you know what is and what is not within your rights? The consequences of a DUI are very steep, so know your rights before you are in a tricky situation.

If you are pulled over for driving under the influence in Delaware your life can get very complicated very quickly. Not only are you facing criminal charges, a DMV hearing, and a license suspension, but you may also be looking at thousands of dollars in fines, fees, and court costs. While it is common knowledge that driving after drinking alcohol is against the law people still do it. Below are several things you should do if you have been pulled over for a DUI in Delaware:

  1. Once police are behind you and flash their lights carefully pull over to the side of the road using your turn signal.
  2. As the police officer or officers, approach your vehicle stay inside the vehicle with your hands on the steering wheel.
  3. Be polite and cooperate with police.
  4. Once it is requested by the police officer find and produce your driver’s license, vehicle registration and proof of insurance.
  5. If you choose to, you may invoke the Fifth Amendment. This means that you do not have to answer any questions they ask you. If the police officer asks if you have been drinking calmly say that you are claiming your Fifth Amendment right not to incriminate yourself.
  6. If/when you are asked to take a chemical test or blood alcohol test you do not have the right to refuse that test. Due to Delaware’s Implied Consent Law, you must take the test. Otherwise, your driver’s license will be automatically suspended for a period of 12-18 months. The period of suspension is determined by your previous DUI history.
  7. Do not get out of your vehicle unless you are asked to. If you are asked to get out try very hard not to stumble or fall when getting out.
  8. Refuse any and all field sobriety tests. These are not required under Delaware law. You can fail these tests for numerous reasons even if you are completely sober such as having poor balance, poor vision and or a medical condition.

If you are ultimately arrested for DUI or DWI in Kent County, Delaware or Sussex County, Delaware, do not hesitate to call your Delaware Drunk Driving Defense Attorneys in the Law Offices of Murray, Phillips & Gay at 302-697-2499 or 302-855-9300.You can also click here to email us.

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