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DUI Stop

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

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.

Learn About DUI Stop

  • DUI Checkpoints

    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.

  • DUI Traffic Stop FAQs

    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.

  • Should I Take a Blood Test or a Breathalyzer Test if I am Asked?

    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.

  • What is Reasonable Suspicion for a DUI Stop?

    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.

DUI Stop Articles

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Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.

 

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