What are my rights if I’m pulled over by a cop?

You’re driving to your destination, paying attention to the road, when you hear the sirens. Either way, you know what to expect: the general nervousness, the tense questions. But drivers and passengers have general citizen rights that police can’t violate, protecting you under state and/or federal laws. Knowing your rights can save you time, money and potential legal trouble.

What are the laws if an officer pulls me over?

The rights of drivers and passengers that kick in after a traffic stop can vary by state laws, as can the legal outcomes of specific situations — such as a routine traffic stop that escalates to an arrest.

For example, an officer needs a reason, called “reasonable suspicion,” to pull you over in the first place. That can be anything from speeding or not signaling a turn to having expired plates or a broken tail light. And cops also need probable cause to search you or your car during a traffic stop.

Keep in mind a few key protections and how they apply if you’re stopped by police.

Your rights as a driver or passenger

1. You can wait to pull over right away if it’s not safe.
2. Officers require reasonable suspicion to pull you over.
3. You can call on your Fifth Amendment right to stay quiet.
4. You don’t have to take a roadside breathalyzer test.
5. You have to stop at police checkpoints if you’re selected.
6. You can record encounters with police.
7. Police can search your vehicle with probable cause.
8. The laws about traffic stops in each state are often different.
9. You can protest an illegal stop with legal help.

You have the right of safety.

If you’re on a busy highway or on a dark part of the road with no other vehicles around, you aren’t required to stop on the roadside if you think it looks unsafe. That could mean avoiding stopping on a busy road, a dangerous street or narrow shoulder in favor of finding a well lit parking lot or the next highway exit.

That’s not to say you can drive on indefinitely with a police car trying to pull you over. But if you slow down and turn on your blinker or hazard lights, you have the right to proceed a short distance until you’re able to stop safely. Just indicate to the police officer that you’re trying to comply.

Police officers require reasonable suspicion to pull you over.

Typically, police officers require a reason to pull you over, like speeding or having a broken taillight. That’s typically called reasonable suspicion, or the cop suspects you’ve broken a driving law. The cop will most likely tell you why they pulled you over. If a cop asks you if you know why you were pulled over, you might consider simply asking why instead of admitting fault to avoid incriminating yourself.

During the stop, a cop might check your license and registration to make sure you’re legally allowed to drive. The officer might ask you questions to find out what happened, like if you know the speed limit on that road. If the officer decides there’s a driving infraction, the cop might write you a ticket or give you a warning, which is up to the cop’s discretion.

However, there’s also some grey area here. Just because the cop pulls you over or gives you a ticket doesn’t mean the cop is in the right. Maybe the light was actually yellow when your car was in the intersection, or the nearest speed limit sign had been knocked over. Or the cop might suspect your car is stolen because you’re driving in an area with a high risk of theft.

You can try to convince the cop you weren’t in the wrong, or you can fight the ticket later. Accepting the ticket doesn’t mean you’re accepting fault.

You have the right to remain silent.

After an officer pulls you over, they will likely ask you a series of questions. If you feel that you have nothing to hide, cooperating with the police officer as much as possible could alleviate the tension and get you back on the road faster.

But the law supports your refusal to answer any or all of an officer’s questions, as long as you let the officer know that’s what you’re doing. Simply refusing to talk can make the situation more difficult, so you may need to verbally invoke the Fifth Amendment to remain silent. Some lawyers may also recommend asking if you’re free to go, or simply saying that you don’t need to answer any questions and would like your lawyer.

You can refuse a roadside sobriety test.

If asked to blow into a breathalyzer during a traffic stop, you’re allowed to refuse. However, refusing means that an officer has the right to take you to a police station or hospital, where you could be subject to a blood or urine test.

You can be arrested if you fail a field sobriety test, which could include demonstrating being able to walk in a straight line, for example. In most states, you do have the right to request a blood test at the hospital at your own expense within a reasonable amount of time, but you won’t be able to choose what kind of test the officer uses. Refusing to take any test will typically automatically come with a DUI charge and/or license suspension.

Taking or refusing the roadside breathalyzer test can have specific consequences that depend on your state and how much you’ve had to drink:

• In New York and several other states, you’re subject to a separate penalty for refusing a roadside test. The state can suspend your driver’s license for an entire year, even if you were never drinking in the first place.
• In Oklahoma and other states, if your BACmore info button is 0.15 higher, you can face aggravated DUI charges, which are far more severe than your typical DUI charge. If you think you might be in that range when an officer stops you, refusing that first test and waiting for a more controlled test at the hospital or police station might be worth it.

Lawyers frequently advise the public to blow into a breathalyzer during a traffic stop if an officer asks you to. A roadside breathalyzer typically won’t hold up in court as well as more controlled tests that take place in a hospital or police station. If your lawyer can prove that the roadside test was inaccurate or not administered correctly, it could work in your favor later.

What are the penalties of a DUI or DWI?