Being stopped by a police officer on suspicion of operating while intoxicated (OWI) can be a frightening and confusing experience.
An officer may stop you if they observe erratic driving, such as swerving or speeding. They might also pull you over if your vehicle has a broken taillight or if you commit a traffic violation. Staying calm and understanding the process of protecting your rights is essential.
Interacting with a police officer
When an officer suspects you’ve been drinking, knowing how to respond to their directions is important. Here are some actions to take:
- Pull over safely and promptly to a well-lit area
- Keep your hands visible on the steering wheel
- Be polite and cooperative but remember your rights
- Avoid making sudden movements or reaching for anything without informing the officer
- Provide your driver’s license, registration and proof of insurance when asked
Following these steps can help ensure the situation doesn’t escalate. Always remember that your behavior during the stop can influence the outcome.
Do I have to submit to testing?
If an officer suspects you are under the influence of alcohol or drugs, they may request various tests. These can include:
- Field sobriety tests
- A preliminary breath test using a Breathalyzer
- A formal breath test at the police station
- Blood, urine or saliva tests
Under Indiana’s implied consent law, you have already consented to chemical testing by driving on Indiana roads. Refusing to take these tests can result in additional penalties, such as a suspension of your driver’s license for up to two years. It’s crucial to understand that refusal does not prevent arrest and may complicate your legal situation.
Silence is the best policy
If an officer suspects you’ve been drinking, it’s important to be mindful of what you say. You are not obligated to answer questions about where you were or how much you’ve had to drink. Politely inform the officer that you choose to remain silent and wish to speak with a lawyer.
Contacting an experienced OWI defense attorney is a wise decision if police arrest you. They can advise you on handling the legal process, protect your rights and work to dismiss the charges or reduce the consequences you face.