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Your Right Not to Provide Incriminating Evidence Against Yourself at the Traffic Stop

If the law enforcement officer believes you may have been drinking prior to or during driving, or if he/she pulls you over for another violation and becomes of the opinion that you may have been drinking, much of what the officer says and does is for the purpose of collecting information to support an arrest for DUI.

That information may include some or all of the following things: answers you give to the officer’s questions, odor of alcohol on your breath or in your vehicle, bloodshot eyes, erratic driving, confusion in finding your registration, insurance, and driver’s license, fumbling those documents, slurred speech, and mainly your performance on field sobriety tests. If, as a result of these things, the officer forms a reasonable belief that you may be impaired in driving from the consumption of alcohol, this constitutes “probable cause” to arrest you for DUI, and you will likely be arrested.

Two of the most incriminating “pre-arrest” things for you to consider when learning about your rights are first your answers to the officer’s questions and second field sobriety tests.