What To Do: A Step-by-Step Guide If You Get Pulled Over To Avoid A Traffic Ticket

Being pulled over by law enforcement can be a stressful experience. Understanding your rights and knowing how to appropriately react can help you navigate the situation smoothly. This guide will take you through each step, ensuring you are prepared for a traffic stop.

One of the first things Ticket Crushers Law’s Managing Partner and Practicing Lawyer, Andrew Cohen, tells people after a DUI arrest or traffic infraction is: “The worst part is probably over.” The surprise and initial panic of getting pulled over, nervously answering questions with a flashlight in your face, and attempts to do all the ridiculous roadside tests correctly —that’s the worst of it.Believe it or not, most DUI or traffic tickets are usually not life-altering if you take the right measures. A first-time DUI, with no crazy circumstances, is more of a major headache than anything else. Traffic infringements can rack up high fees and points to your driver’s license. Hiring a lawyer won’t magically make one of these charges disappear, but when you hire Ticket Crushers, that headache gets a whole lot easier to manage. Sometimes, we can even get it dismissed entirely.

So, how do you set yourself up for success? Here’s exactly what to do if you ever find yourself getting pulled over for a DUI or traffic violation. Everything here is 100% legal and designed to protect you.

Understanding Your Rights When Pulled Over

When you see flashing lights behind you, it’s essential to know that you have specific rights. While the primary objective during a traffic stop is to remain calm and compliant, understanding your rights can make a difference in how the encounter unfolds.

Many people are unaware of their rights when interacting with law enforcement, which can lead to misunderstandings or even violations of civil liberties. Being informed empowers you to assert your rights if needed.

During a traffic stop, you have the right to:

• Remain silent, except for identifying yourself.
• Refuse searches of your vehicle without probable cause or consent.
• Know the reason for the stop.

Pull Over Safely

As soon as you see the lights behind you, slow down and find a safe place to pull over. Use your turn signal and calmly make your way to the right side of the road. The way you pull over matters—it’s the first thing the officer will observe and can end up in their report. The way you pull over will add to their first initial impression and surveying of the situation.

Once you’re stopped, grab your license, registration, and proof of insurance. Have them ready before the officer gets to your window, this shows cooperation on your end. Fumbling around can be misinterpreted as impairment if being pulled over for a suspected DUI

Refrain from Answering Questions

You are not required to answer questions. Period. After you hand over your documents, the only thing you should say is, “I’m exercising my right to remain silent.” You don’t need to explain why you’re not answering questions. Just politely refuse to engage.

Officers are trained to get you talking because every word you say can be twisted into evidence. Even something as innocent as, “I’m just coming from dinner,” can turn into, “The driver admitted to consuming alcohol earlier in the evening.”

Refuse the Roadside Tests

This part is crucial: DO NOT get out of your car to do the field sobriety tests.

• Don’t follow the pen or flashlight.
• Don’t walk the line.
• Don’t stand on one foot.
• Don’t blow into the roadside breathalyzer.

Just politely say, “I’m not doing any tests.” You don’t need to explain. Refusing the tests isn’t proof you were under the influence. You know what is proof? Failing the tests—and almost everyone fails, even sober people. 

These tests are designed for failure. Nervous? Tired? Wearing heels? You’re already at a disadvantage. There’s no upside to participating. If you participate and fail, which you most likely will, you will be arrested with more of a case against you and forced to do a blood test at the station later anyway. 

If you refuse the field tests, you may be taken into custody and forced to take the blood test at the station anyway, resulting in the same overall outcome. The difference is the officer has fewer “strikes” against you when trying to prove your intoxication later in a courtroom. It also gives your blood alcohol content time to come down once you are processed at the station if you are walking a fine line of the legal BAC limit.

Stay Silent—Seriously

Once you’re under arrest, say nothing. Anything you say can—and will—be used against you. Even how you say it can be spun into evidence. Cops love writing reports that say, “Slurred speech” and “Smelled like alcohol.”

Don’t argue, don’t apologize, and don’t try to talk your way out of it. There’s no magic phrase that will make the officer change their mind. The less information you give them, the less you interact, and the less you react to what is going on will give them less to try to build a case with.

Agree to the Blood Test

Here’s where it gets tricky. After an arrest and you have been brought to the station after refusing the field tests, the officer will tell you that refusing a breath or blood test means an automatic license suspension. This is not the time to keep refusing. Take the test. 

If you refuse altogether, the officer will be able to produce a warrant to force you to take the test, and stick a needle in your arm anyway. Then, as a result, your license will be suspended for a full year for refusal while in custody. No driving. At all, regardless of what the outcome of your case ends up being.

The police officer is able to produce a warrant to do so due to the unreliability of results from a portable breathalyzer test alone. The breath tests used in the field are considered voluntary and typically provide inaccurate results. A field breath test is almost always inadmissible in court because of how unreliable they are.

When being forced to do a test at the station, Adam Cohen recommends subjecting to the blood test. It is more scientific and much easier for us to challenge in court. Breath machines at the police station can also be poorly calibrated, but blood tests have a clear chain of custody, making errors easier to spot. Ticket Crushers is now also certified to assist with managing a client’s DUI blood test. Our team has completed the National College for DUI Defense (NCDD) Serious Science Courses, an intensive program covering Blood Alcohol Analysis and Trial Advocacy. These nationally recognized courses are designed for top-tier DUI defense attorneys and enable us to better fight for your rights.

Know Your Rights at the Station

Once you’re booked, you’ll be asked to provide fingerprints along with another breath or blood sample. Comply with these requests, but keep exercising your right to remain silent.

One common mistake people make is calling friends or family and talking about the arrest while still in custody. Jailhouse phones are recorded. If you’re venting about how you “only had two drinks,” that can be taken as evidence.

Understand the DMV Process

A DUI arrest triggers two separate processes: the criminal case with the court and the DMV’s administrative case about your license. You have 10 days from the date of arrest to request a DMV hearing. If you don’t, your license gets suspended automatically.

When you hire Ticket Crushers, we handle this for you. We’ll request the hearing, review the evidence, and start building your defense immediately.

Document Everything

Once you are home, write down everything you remember:

• What time were you pulled over?
• What did the officer say?
• Did they mention why they stopped you?
• Did you do any tests?
• Did they read you your rights?

The little details matter. Officers make mistakes, and those mistakes can lead to dismissals or reduced charges.

Don’t Post About It

It might feel tempting to vent on social media, but resist the urge. Prosecutors can and will comb through your accounts looking for anything that contradicts your defense. Even a lighthearted post like, “Well, that was a night to forget!” can be used against you.

Call a Lawyer—Fast

The sooner you get a lawyer involved, the better. Criminal traffic and DUI cases move quickly, and the faster we start working, the more options we have to protect you. 

Getting a DUI or criminal traffic ticket is stressful, no doubt. But it doesn’t have to derail your life. Stay calm, know your rights, and let the professionals handle the rest.

Ticket Crushers handles hundreds of DUI and traffic cases every year. We know what we’re doing, and we take criminal defense cases very seriously. We’ll fight to keep your record clean, your license intact, and your life on track.

If you or someone you know is facing a DUI, don’t wait. Contact Ticket Crushers, we’re here to help—every step of the way! Ticket Crushers provide a free consultation either over the phone or in the office. Call 1-866-TICKET-HELP to discuss your case and find out what you need to do right now to protect your rights after a criminal accusation or a citation for a traffic violation.