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What You Should and Shouldn’t Do If You’re Pulled Over for Drunk Driving

Robert Stahle • February 11, 2019

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Everyone enjoys a night out once in a while. In instances where that night out involves a couple of drinks, the best plan of action is to find another ride home – even if it was only two drinks and you don’t feel even mildly intoxicated. Unfortunately, you don’t have to feel intoxicated to be affected by alcohol and even one or two drinks can impair your ability to safely operate a vehicle.

Police officers are aware of both the subtle and obvious signs of an intoxicated driver. They’re also more likely to be looking out for intoxicated drivers on certain nights of the week or in areas that are heavily populated with restaurants and bars.

If you choose to get behind the wheel after drinking, you run the risk of injuring yourself and others. You also run the risk of being pulled over. If you are pulled over, how you handle the situation can have a significant effect on the outcome. Here’s what you need to know and how to react if you’ve been accused of drunk driving.


Take a Breath and Remain Calm

This can be difficult to do when you see the flashing lights in the mirror but being as calm and collected as possible is important. First, signal to the officer that you’ve acknowledged them and then find a safe spot to pullover. You need to be out of the way of traffic for both yours and the officer’s safety.

Next, turn on your interior lights if it’s dark out and sit with your hands on the wheel until the officer approaches. Do not make any sudden movements and remain polite.


Protect Yourself

If an officer suspects you are driving while intoxicated, they will ask you if you’ve been drinking and how much you’ve consumed. If you’re being accused of drunk driving and honestly aren’t intoxicated, answering these questions is easy. However, if you have consumed alcohol, you’ll want to proceed with caution.

You are required to answer questions about your identity and provide necessary documents. You can refuse to answer questions about alcohol consumption if you feel it may incriminate you. Anything you say will be used against you. The officer is trained to put pressure on you to answer these questions but staying firm in not answering them protects you against self-incrimination.

You also have the right to refuse a field sobriety test or breathalyzer. You should get out of your vehicle if the officer requests it. If the officer suspects you’re intoxicated, but you’ve remained silent and refused testing, they may arrest you and take you to the station for chemical testing. There is no getting out of this, but you can later fight the charges if you haven’t self-incriminated yourself.


Speak With an Attorney

Once you arrive at the station, ask to speak with a criminal defense attorney and refuse to answer any questions, no matter how seemingly minor, until you do. If you don’t have an attorney or don’t know how to reach one, ask to speak with the public defender, even if you might not qualify for their assistance during a trial. They can answer questions and offer guidance on your case.


Have you been accused of drunk driving and need legal assistance? We’re experienced DUI defense attorneys that can help. Contact Fitch & Stahle Law Office today for consultation.

What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.