What should you do if pulled Over for DUI?

If you are pulled over to the side of the road during a traffic stop, you are considered “detained”, but you are not “in custody”. Because you are not in custody, the officer does not have to read you your Miranda rights before asking very incriminating questions. Even if you are not in custody you can still exercise your Fifth Amendment privilege against self-incrimination. You can decline to answer the officers questions like “have you been drinking?”, “how much?”, “do you feel the effects of the alcohol?”. You are required to give the officer your driver’s license, registration and proof of insurance, but you can (and should) decline to answer any additional questions that may incriminate you, including submitting to a field sobriety test.