5 Things to Know If You’re Pulled Over for a DUI
If you get pulled over for a suspected DUI, stay calm. You should record the interaction if it is safe to do so, give the police your required identification, use your right to remain silent for any other questions, answer honestly about your last drink, and take the roadside breath test. These steps help protect you until you can speak with a lawyer.
Being pulled over for a Driving Under the Influence (DUI) is stressful and intimidating. If this happens, you may not know what to say or how to act. Understanding your rights and responsibilities can keep a difficult situation from becoming much worse. Here is what you should do and what you should avoid during a DUI stop in Alberta.
1. Start Recording Right Away
If it is safe, you should begin recording the moment you are stopped. You can set your phone on your dashboard, hit record, or ask a passenger to record for you. Even an audio recording helps. Police may have their own body-camera footage, but you are not guaranteed access to it later. Your own record protects you if anything about the interaction becomes unclear.
2. Provide Only the Required Information
You are legally required to give the officer your:
- Name
- Address
- Phone number
You should be honest and accurate. Giving false information, like claiming to be someone else, can lead to an obstruction of justice charge. Beyond these basic details, you do not have to answer other questions about where you were, what you drank, or who you were with.
3. Use Your Right to Remain Silent
After giving your identification, you have the right to stay silent. You do not have to explain what you were doing earlier or how much you had to drink. If an officer asks questions designed to get you talking, you can politely say, “I choose to remain silent.”
There is an important exception: If an officer asks when you last had a sip of alcohol, you should answer honestly. Roadside screening devices can pick up “mouth alcohol,” which stays in your mouth for about 15 minutes. If you just took a drink, telling the truth about the timing can prevent a false reading that might count against you.
4. Cooperate With Roadside Alcohol Screening
If the officer asks you to take a roadside breath test, you should normally cooperate. Refusing the test will not help your situation. There are often fewer defences available to you later in cases of refusal. Also, if charged criminally, the penalties for refusal are often worse than what you would have faced for blowing over.
5. If You Are Charged, You Will Get Access to a Lawyer
If the police decide to charge you, you will then have the right to speak with a lawyer. Until that point, the steps above are your best way to protect yourself. Once you have legal counsel, you can get specific guidance for your situation.
FAQs
Can you refuse to answer the officer’s questions?
Yes, though there are some exceptions. Normally, after providing your name, address, and phone number, you can choose to remain silent. You do not need to answer questions about where you were, who you were with, or what you had to drink.
Should you refuse the roadside breath test?
No. Refusing the test often leads to harsher consequences than taking it and makes defending the case later more difficult. It is almost always in your best interest to comply.
Do you have to record the traffic stop?
You are not required to record, but doing so can protect you. A simple audio or video recording can help clear up disputes later, as long as you can record safely.
Admitted to the Alberta bar in 2002, Shannon thrived in the realm of criminal law, particularly in impaired driving and DUI cases. Her dedication has taken her to the Supreme Court of Canada on numerous occasions, highlighting her expertise in impaired driving litigation.
Shannon’s training on various Intoxilyzer models, along with her proficiency in drug recognition for drug-impaired driving, makes her a formidable legal advocate. Her recent passion for Collaborative Family Law showcases her commitment to peaceful resolutions in family disputes.
