What To Do and Not To Do During a DUI Stop in Alabama
If police pull you over for suspected DUI in Alabama, what you say and do during the stop may later be used as evidence. An officer may ask about alcohol consumption, request field sobriety tests, search for evidence, or ask you to take a breath test.
Drivers have legal obligations during a traffic stop, but they do not have to agree to every request. Knowing the difference is especially important during a DUI investigation, when an officer may be gathering evidence to support an arrest.
What Should You Do During a DUI Stop in Alabama?
If an officer signals you to stop, pull over safely as soon as you reasonably can. Turn off the vehicle, remain inside unless instructed otherwise, and keep your hands where the officer can see them.
During the stop, you should:
- Provide your driver’s license, registration, and proof of insurance when requested.
- Follow lawful instructions from the officer.
- Remain polite, even if you disagree with the reason for the stop.
- Keep your answers brief and avoid volunteering information.
- Pay attention to what the officer says and asks you to do.
You do not need to explain where you were, how much you drank, or when you had your last drink simply because an officer asks. Statements made during the stop can later become evidence in a DUI case.
What Should You Avoid Doing During a DUI Stop?
A roadside stop is not the place to argue about whether an officer has enough evidence to arrest you. Questions about the legality of the stop or the evidence against you can be addressed later.
Avoid:
- Arguing with or physically resisting the officer.
- Lying about drinking, drug use, or where you have been.
- Making guesses about how much alcohol you consumed.
- Volunteering details that were not requested.
- Consenting to a search of your vehicle simply because the police ask for permission.
- Attempting to drive or walk away before the officer says you are free to leave.
Remaining cooperative does not require you to provide unnecessary information or consent to every request.
Do You Have To Perform Field Sobriety Tests in Alabama?
During a suspected DUI stop, an officer may ask you to perform field sobriety tests. Common examples include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests.
Alabama’s implied consent statute applies to chemical testing under specified circumstances; it does not create a requirement that drivers perform roadside field sobriety exercises. You can generally decline these voluntary tests.
Field sobriety tests are designed to give officers additional information about possible impairment. An officer may note problems with balance, coordination, following instructions, or completing the requested movements.
Can You Refuse a Breathalyzer Test in Alabama?
The answer depends on which test the officer is requesting. A roadside portable breath test used during an investigation is different from an evidentiary chemical breath test administered under Alabama’s implied consent laws.
Under Alabama Code § 32-5-192, motorists who drive on Alabama’s public highways are deemed to have consented to chemical testing under circumstances specified by the statute. Refusing a test covered by the implied consent law can result in administrative driver’s license consequences separate from the criminal DUI case.
A refusal also does not necessarily prevent prosecutors from pursuing a DUI charge. Police may rely on other evidence, including driving behavior, officer observations, statements, video footage, and other evidence gathered during the stop.
What Should You Do if You Are Arrested for DUI?
Once a DUI stop results in an arrest, there are several steps you can take to keep track of information that may matter later.
After a DUI arrest:
- Keep all citations, bond paperwork, driver’s license notices, and other documents you receive.
- Write down what happened before and during the stop while the details are still fresh.
- Record which field sobriety or chemical tests you were asked to take and whether you took or refused them.
- Note anything you remember about the officer’s questions, statements, and instructions.
- Do not post about the arrest or discuss the facts of the case on social media.
- Contact a DUI defense attorney as soon as possible.
These details can give your attorney a clearer picture of the traffic stop, arrest, and testing procedures used by law enforcement.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. To Schedule a Free Consultation With a Birmingham Criminal Defense Attorney
A DUI arrest in Birmingham, Alabama, can lead to a criminal case as well as driver’s license consequences. What happened before, during, and after the traffic stop can become important when the evidence is reviewed.
If you’ve been arrested for DUI in Alabama, contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham criminal defense attorney.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800