A DUI arrest is always preceded by a traffic stop, whether the police officer suspects drunk driving or has stopped a motorist for an unrelated reason, such as a burned-out taillight. While the Fourth Amendment protects citizens from unlawful search and seizure, refusing to cooperate with an officer typically is not in the best interests of a stopped motorist. Nevertheless, there are still ways to protect your rights when a police officer stops you for a DUI. FindLaw's "DUI Stop" subsection covers DUI defenses during and after a traffic stop, your rights under the Fourth Amendment, the legality of sobriety checkpoints and more.
If you've ever driven around late at night, you've probably already seen a DUI checkpoint. A few police cruisers might block a portion of a road and one officer will ask simple questions of each driver. Read this article to find out more about the legal side of DUI checkpoints.
This article has some basic information about DUI laws, including when police consider someone to be "impaired," methods police use to find impaired drivers, and the rules police must follow when pulling someone over.
Once the police pull you over and suspect you of drunk driving, they will most likely ask you to take a breath test. Read this article to find out whether you can refuse this test, and when it might be a good idea to refuse the test.
Police have broad discretion in determining when and whether to pull someone over, but they cannot just stop any random person and start conducting field sobriety tests. Find out the minimum standard police must satisfy before conducting a DUI stop.