Navigating a DUI Stop After Happy Hour: Your Guide to Protecting Your Rights


26 Jul 2023 / Ben Grindstaff

Navigating a DUI Stop After Happy Hour: Your Guide to Protecting Your Rights


After an enjoyable happy hour with colleagues or friends, the last thing anyone expects is to see flashing lights in their rearview mirror. Being pulled over by the police under suspicion of driving under the influence (DUI) can be a nerve-wracking experience. In this blog, we will provide essential guidance on how to handle a DUI stop responsibly, ensuring that your rights are protected throughout the encounter.

Stay Calm and Compliant

If you find yourself being pulled over, remain calm and pull over to a safe location. Turn off your vehicle and keep your hands visible on the steering wheel. Avoid making any sudden movements and follow the officer’s instructions politely. Remember that being respectful and cooperative can make the process smoother.

Exercise Your Right to Remain Silent

It’s crucial to remember that you have the right to remain silent during the encounter. You are not obligated to answer questions about where you were or what you were doing. Politely inform the officer that you choose to exercise your right to remain silent until you can speak with your attorney.

Be Mindful of Your Words

During a DUI stop, police officers may attempt to elicit information that could be used against you later. Refrain from making statements that could incriminate you, such as admitting to consuming alcohol. Avoid sharing details about how much you had to drink, as this could be used against you in court.

Decline Field Sobriety Tests

While you have the right to refuse field sobriety tests, keep in mind that declining may lead to an arrest. These tests are subjective and can be influenced by various factors, such as nervousness or physical condition. Politely decline these tests and request to speak with your attorney before further testing.

Choose Wisely Regarding Breath Tests

In Utah, implied consent laws require drivers to submit to a breath test when lawfully arrested for DUI. Refusing to take the breath test may result in penalties, such as a driver’s license suspension. Weigh the pros and cons of taking the test, as it may provide evidence for your defense or lead to potential consequences.

Remain Patient and Composed

DUI stops can be lengthy, especially if additional officers or resources are involved. Stay patient and composed, as the process may take time. Avoid getting agitated or confrontational, as it may escalate the situation and make matters worse.


Facing a DUI stop after happy hour can be intimidating, but understanding your rights and how to protect them is crucial. By staying calm, exercising your right to remain silent, and seeking legal advice, you can navigate a DUI stop responsibly. Remember, every situation is unique, and consulting an experienced attorney will provide tailored guidance to ensure your rights are safeguarded throughout the process.

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