7 DUI questions an officer might ask you if they suspect you’ve been drinking

Traffic Stop DUI Questions You May Get Asked

Your best defense from a DUI charge is not to drink and drive at all. But good people sometimes make bad decisions. You didn’t feel impaired but decided to drive. Half-way home, red and blue flashing lights engulf your rear-view mirror. You’re sitting on the side of the road, watching the officer walk up in your side view mirror. Your heart is pounding through your chest, but it’s important to keep calm. Below are 7 DUI questions an officer might ask you.

Knowing what DUI questions they might ask and how to respond, is the best way to prepare for this situation. Remember, how you handle yourself in this situation can affect the outcome.  Always treat the officer with respect. Be calm.  Listen carefully and think before you respond. The officer has been well trained to question you and observe your physical abilities. Understanding the law and your rights is critical. Here are six questions the officer might ask if they suspect you’ve been drinking:

OFFICER: DO YOU KNOW WHY I PULLED YOU OVER?

YOU: “NO OFFICER, I DO NOT KNOW WHY YOU PULLED ME OVER.”

That’s it. Don’t elaborate. You are not lying – you cannot know for sure why the officer pulled you over, and anything else you say can be used later in court. Do not give law enforcement any more ammunition to prosecute you. You cannot talk yourself out of a ticket once they’ve pulled you over and you don’t want to risk self-incrimination.

OFFICER: CAN I HAVE YOUR LICENSE, REGISTRATION, AND INSURANCE?

YOU: “HERE YOU GO, OFFICER.”

You must provide these documents in a timely and efficient matter. Police ask for these to see if you can multitask between talking and providing documentation. Failure to provide the documents quickly and without confusion is a sign of intoxication.

If you get pulled over, assemble these key documents and have them ready for the officer. Make sure and listen to EXACTLY what the officer asks for and only provide those documents. Also, ensure you have current documents that are not expired, as out date documents are violations.

OFFICER: HAVE YOU BEEN DRINKING?

YOU: “OFFICER, I RESPECTFULLY DECLINE TO ANSWER THAT QUESTION – I AM CHOOSING TO REMAIN SILENT.”

This is a self-incriminating question! Most people admit when they have which helps establish probable cause to charge them with DUI.  You have an absolute right to remain silent when asked to admit something that could make you culpable of a crime. Admission of drinking, regardless of amount, establishes probable cause for more questions. If the officer believes you have been drinking, you will not accomplish anything by admitting to or denying drinking.

DO NOT answer the question, and do not sit silently; you have to actually assert your right to remain silent. Be polite, but firm. No matter what the officer does after that, you have done yourself a service.

OFFICER: WHERE ARE YOU COMING FROM?

YOU: “OFFICER, I RESPECTFULLY DECLINE TO ANSWER THAT QUESTION – I AM CHOOSING TO REMAIN SILENT.”

Police officers ask these types of questions to find a way to assume you have been drinking, or to get you to admit you have been drinking. You don’t want to incriminate yourself. You DO NOT have to tell the officer where you are coming from. DO NOT lie, and DO NOT sit silently – You must assert your right to remain silent, as advised above. You are NOT required to admit to anything – DO NOT fall into the trap.

OFFICER: WOULD YOU MIND STEPPING OUT OF THE CAR TO DO SOME ROADSIDE TESTS SO I CAN BE SURE YOU ARE SAFE TO DRIVE?

YOU: “OFFICER, I RESPECTUFULLY DECLINE TO SUBMIT TO ANY FORM OF ROADSIDE TESTING.”

Again, you are never required to incriminate yourself! Police use these tests to establish probable cause to arrest.  Roadside field sobriety tests are 100% voluntary– even if the officer does not tell you this. Roadside tests are based on shaky science at best and are almost impossible to pass with an officer keeping score. NEVER volunteer to do a roadside test; whether it is an eye test, walking test, one leg test, alphabet test, counting test, or portable (handheld) breath test. Your refusal to submit to a field sobriety test is admissible in court.  A jury could hold that against you but it’s not as bad as the admission of evidence of your failure of one or more sobriety tests.  Note that the roadside tests are different from the breathalyzer or blood test that are administered after an arrest-which are discussed below.

OFFICER:  Would you submit to a pbt (portable breath test)?

You: “officer, i respectfully decline to submit to a pbt”.

This is not the same breath test administered after an arrest.  This is portable breath test which is inaccurate.  It is administered when the officer has reason to believe that you may be impaired. A positive reading will help the officer reasonable cause to believe you were driving a motor vehicle while under the influence.  Preliminary Breath Test (PBT): A PBT is a breath test typically given roadside at the scene of the stop, which measures the level of alcohol in a citizen’s breath. A preliminary breath test (PBT) is generally not admissible at trial to establish that the citizen was above the legal limit.  A PBT may be admissible, however, if a citizen asserts that, at the time he or she was operating a motor vehicle, his or her blood-alcohol content (BAC) was below the legal limit.

In other words, that from the time the PBT was administered on the scene until the time the chemical breath test is administered at the station (which is admissible at Court), the citizen’s BAC was rising, giving inference that at the time the citizen was operating the motor vehicle his/her BAC was lower than the Intoxilyzer results. A Court may permit the admission of the PBT as evidence of the citizen’s blood-alcohol content (BAC) at a point closer in time to when the citizen was operating the motor vehicle.

For a preliminary breath test (PBT) to be properly administered, the citizen must provide consent. In other words, a PBT is voluntary. If you hold a commercial driver’s license, a refusal will result in an out of service order along with other consequences as mandated by Arizona Department of Transportation. Conventional wisdom dictates that in most instances, a citizen should refuse a preliminary breath test (PBT).

OFFICER: YOU ARE BEING CHARGED WITH A DUI, WOULD YOU LIKE TO TAKE A BLOOD OR BREATH TEST? FAILURE TO DO SO WILL RESULT IN THE IMMEDIATE SUSPENSION OF YOUR LICENSE.

YOU: “I WOULD LIKE TO TAKE A BREATH TEST.” OR “I WOULD LIKE TO TAKE A BLOOD TEST.”

The officer will inform you that you are under arrest and being charged with a DUI.  At this point, the officer has established probable cause to arrest you for DUI based on his observations (including your possible voluntary involvement in road side tests). You don’t get to challenge whether he has established probable cause to arrest you, that can only be challenged later in court. After you are arrested, you must submit to a blood or breath test.  Arizona’s Implied Consent Law requires any driver to consent to a chemical test (breath or blood) if an officer has established reasonable grounds to believe that you were driving under the influence or liquor or drugs. A refusal will result in an automatic suspension of your license for at least 12 months.  The officer will secure a warrant for the test that will cause some, but not much, delay in testing.  You do not get to decide if the officer has established probable cause – that is up to a court and the DMV at a later date. Remember, you have the legal right to not participate in any road side tests prior to arrest.  Once you are arrested, you must comply with a blood or breath test.

Advantages/Disadvantages between blood and breath tests.  Does it relate to scheduling DMV hearing?  Corrective Action Notice?  15 days to request hearing.

Breath results are fast and expedites actions taken against your driving privileges by the DMV. Blood test results will take months to process, but are more accurate than a breath test.

Suspension of Driving Privileges:  The suspension of your driving privileges is automatic, but you still have a right to challenge the suspension.  A hearing must be scheduled within 15 days or the right to challenge is waived.  If a hearing is scheduled, the suspension of driving privileges won’t occur until after the hearing.  It is important to consult a knowledgeable attorney to help preserves your rights and driving privileges.

You do not have the right to consult an attorney before giving a breath or blood sample.

Contact Us

Contact our office at 602-952-9000 or by e-mail at info@aboodlawaz.com. We will be pleased to meet with you, review your circumstances, answer questions, and discuss how we can help you.