Getting pulled over is always enough to push your heart rate into the “mild panic” range. Add the possibility of a DUI suspicion, and your mind can start racing before the officer even reaches your window. In these moments, your decisions matter. What you say, how you act, and the choices you make can either protect you or create problems that follow you long after the traffic stop ends.
You can’t control the officer’s suspicions, but you can control your behavior. And when you understand the most common mistakes people make during DUI stops, you’re far more prepared to protect yourself legally and avoid unnecessary consequences.
Here are the five biggest missteps to avoid when you’re pulled over on suspicion of DUI – and what to do instead.
- Talking Too Much or Oversharing Information
When an officer asks, “Do you know why I pulled you over?” your instinct might be to explain yourself – or worse, to apologize. Many people panic and start rattling off details in the hope of sounding cooperative or innocent. But oversharing is one of the fastest ways to hurt your case.
Remember, anything you say can be interpreted as suspicion, inconsistency, or even a partial admission. Even harmless comments like “I only had one drink” can get twisted into evidence of impairment. You don’t need to lie, but you also don’t need to volunteer information.
- Performing Field Sobriety Tests Without Understanding Your Rights
Field sobriety tests aren’t as straightforward as they seem. They’re subjective, difficult even when sober, and often performed under stressful conditions. (They want you to walk a straight line and perform challenging tasks with flashing lights, uneven ground, and traffic passing by. It’s pretty challenging under these circumstances, regardless of your sobriety level.) Many people assume these tests are mandatory and comply automatically. But in most states, field sobriety tests are voluntary.
You can politely decline by saying you prefer not to participate. This doesn’t guarantee you won’t be arrested, but it also prevents potentially damaging video evidence from being used later.
These situations get complicated fast, so the less you do on the side of the road, the more your attorney has to work with later.
- Assuming You Don’t Need a Lawyer Until You’re Charged
One of the most harmful assumptions people make is the belief that they can wait to see what happens before calling an attorney. Maybe you don’t feel intoxicated or you think it’s all a misunderstanding. Or perhaps you believe being polite is enough to make the situation go away.
But DUI accusations are serious, and letting hours or days pass without legal guidance can make things much worse.
“You can’t take the wait-and-see approach,” Ryan Beasley Law warns. “Not when you are facing jail and other penalties. Not with your future on the line. You need an experienced criminal defense lawyer who can get in front of this and provide a real defense.”
Even if you haven’t been officially charged, an attorney can advise you on what to say, what not to say, what to expect next, and how to avoid unintentional mistakes during the investigation. The earlier you seek counsel, the better your chances of protecting your rights.
- Resisting, Arguing, or Acting Confrontationally
No one handles stress perfectly, and being pulled over is a high-pressure moment. But reacting with sarcasm or defiance only escalates the situation and gives the officer more reason to document “suspicious behavior.” Resisting physically is even worse, as it can result in additional charges that carry serious penalties on top of the DUI allegation.
Your best approach is simple: Stay calm, stay respectful, and follow basic commands. You don’t have to agree with the officer, and you don’t have to admit anything, but how you conduct yourself matters. An officer’s notes about your demeanor will appear in the police report (and prosecutors read those reports carefully). You’re far better off expressing your disagreement later through your attorney, not during the traffic stop.
- Believing the Case Is Hopeless Once You’re Arrested
Even if you’re arrested, your situation isn’t automatically doomed. Many people give up too soon, assuming that an arrest equals guilt or that there’s nothing a lawyer can do. That couldn’t be further from the truth.
DUI cases are usually way more complex than they appear. Breath tests can produce faulty results, and officers can misinterpret behavior. There could be dashcam footage that contradicts reports, or underlying medical conditions that affect field test performance.
The worst mistake you can make is assuming your fate is sealed. Hire an attorney and let them go to work figuring out the best possible defense for your situation.
Protecting Yourself Right Away
When you’re pulled over on suspicion of DUI, you’re not thinking about long-term consequences – you’re focused on surviving the moment. But how you handle the next several minutes can influence your future in ways you may not realize.
The key is to stay calm, follow the instructions, and hire an attorney if you end up being arrested or charged. This is not something you have to go through alone!
