You will most likely be pulled over at one point while driving in Nevada. Being pulled over, especially for DUI, is a nerve-wracking experience. Knowing what to do in such a situation is critical. For example, remaining as calm as possible, not making sudden movements, and cooperating with the police officers. Remember, you have a right to evoke your 5th amendment right to remain silent. Below is a step-by-step guide on what to do when you are pulled over for a DUI.
Pull Over in A Safe Place and the Right Manner
A police officer starts to observe after they pull you over. It’s critical to pull over properly. Before the officer pulls you over, they might have noticed some behavior that indicates you are driving under the influence. You will confirm the officer’s suspicion if you pull over erratically, stop abruptly or pull over in an unsafe location. You should turn on your signal to indicate to other drivers you intend to make a stop. Stop as far right as possible to make it safe for the officer.
Avoid Making Sudden and Suspicious Moves
The first instinct of a police officer is self-protection. They are trained to be cautious. Thus, the police officer will approach your vehicle from the rear while making observations of your behavior. If you are fidgety or make sudden moves, the officer will become suspicious. Stay calm and keep your hands on the steering wheel until the officer approaches and requests you for identification. If you are pulled over at night, switch on your interior lights.
Also, roll down your window. Doing so will put the officer at ease, and they will not consider you a security risk. According to Nevada law, the police officer has a right to ask for your driving license, insurance, and registration. It's crucial to have these documents within reach. You will not fumble when retrieving them.
Always Be Polite While Speaking with The Police Officer
Remember the conversation you are having with the police officer is being recorded on a body camera. It's crucial to be polite and avoid using rude language or displaying drunken behavior. It always goes a long way to address the officer respectfully. Refer to them as ma’am or sir. It's in your best interest to be civil and cooperate with the officer. According to Nevada law, you cannot refuse to alight from the vehicle if the police officer requests you to do so.
Do Not Admit You Have Been Drinking
When a police officer pulls you over, they will most likely ask you questions. It's your constitutional right to evoke your 5th amendment right to remain silent. You can inform the officer you will only speak in the presence of your attorney. Doing so will prevent you from making any incriminating statements that the officer can use against you in court.
If the officer asks you how much alcohol you have consumed, it's better to keep silent. In Nevada, you can drive provided your BAC level is under 0.08. If you admit to drunk driving, you might be charged even if your BAC was below the legal limit. That’s why it's crucial not to admit you have been drinking.
The police officer will put you under a lot of pressure to speak. If you must speak, tell the truth. Lying is not a good idea. The lie will be used against you in court if the officer decides to charge you with DUI.
Do Not Agree to Take Any Sobriety Test.
In Nevada, the officer has a legal right to request you to alight from the vehicle. But they don’t have a legal right to force you to a field sobriety test. According to Nevada law, field sobriety tests are voluntary. The officer will be observing you when alighting. Do not use the vehicle or the door for balance. Doing so will only make the officer believe you are impaired, and you have had too much to drink. When you are outside the vehicle, simply state that you cannot take the tests.
The challenge with field sobriety tests is they are precise, and you fail the test even if your blood alcohol content is below the legal limit. In case the police officer arrests you, the law requires you to take either a chemical or a hand-held breathalyzer alcohol test. It's advisable to take the alcohol blow test since it's much easier to cast doubt doubts in the test’s results in court.
Note: You Might be Arrested
In some cases, it does not matter what you do when you are pulled over for a DUI in Nevada. You will be arrested. In Nevada, if you are under 21 years, the legal limit for BAC is 0.02. For a commercial driver, the legal limit is 0.06. If you do not fall under any of these categories, the legal limit is 0.08. If you are arrested and your BAC is above the legal limit, the Department of Motor Vehicles can revoke your license. You can appeal the revocation within seven days from the date of your arrest.
Once the police conduct the tests and find that your BAC is above the legal limit, they detain you. You can be released after posting the bail amount they decide. You can request your friend to post bail or use a reputable bail bond company.
Call A Bail Bond Company Near Me
You might be pulled over for a DUI in Nevada. Knowing what to do in such a situation is critical. It's imperative to stay calm, avoid making sudden movements, and be courteous to the officer. Remember, you do not have to answer any questions. You can evoke your 5th amendment right to remain silent. You also don’t have to take the field sobriety tests.
But if the officer arrests you, the law requires you to take the chemical or breathalyzer tests. If you or your loved one is arrested in Las Vegas, Nevada, for DUI, and you need to post bail, do not hesitate to contact Express Bail Bonds. We have posted bail for numerous drivers in Nevada and helped them build strong defenses against DUI charges. You can contact us at 702-633-2245 for legal counsel.