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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.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.