Birmingham DUI Stop
What Are the Police Allowed to Do?
The Birmingham drunk driving lawyers at Lakeman & Peagler, L.L.C. explain what the police are allowed to do on a DUI stop.
If you are stopped by police in Alabama for suspicion of DUI, it is important that you know what the police are allowed or not allowed to do. What are your rights when you are stopped for DUI in Birmingham?
You are required by law to state your name, and to show your drivers license, registration and proof of insurance. Beyond providing this information, you are not required by law to do anything else except to follow police instructions such as to place your hands on the steering wheel or to get out of the car. These types of instructions are linked to police safety precautions and failure to comply could anger the police and lead to unnecessary trouble.
You should be calm, respectful, and polite but you are under no obligation to answer questions. It is wise to say as little as possible, as anything that you do say can be held against you. Birmingham DUI law does not require you to give the police any further information. The police must have had a reason for pulling you over and should tell you what the reason is. They have the right to stop you if they witnessed a driving violation or if they suspect you are driving under the influence. However, you do not have to provide them with information that can be used against you.
On a DUI stop, you may be asked to step out of the car, which is legally acceptable. The police are looking for evidence of intoxication to be used in your arrest and may ask you to participate in field sobriety testing. You are not legally required to submit to these tests but failure to do so may be construed as uncooperative or an admission of guilt. Once again, a courteous and respectful assertion of your rights may be helpful in proving that you are not impaired and further help your case by failing to provide the police with evidence against you.
Once arrested, you are required under the implied consent law to submit to a chemical test to measure your BAC, and if you refuse your driver’s license will be suspended automatically for 90 days. If you choose to submit to BAC testing, you are entitled to additional independent testing which you would have to arrange and pay for.
Law enforcement officers are not permitted to search your vehicle without a warrant or probable cause and you should never voluntarily agree to a search.
