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News & Insights

DUI in DC: Know Your Rights – Part 1: What Police Can and Can’t Do at a DUI Stop

November 14, 2025


By Criminal Defense Attorney Chris Mutimer

If you were recently pulled over or arrested for a DUI in Washington, DC, you might be feeling anxious, confused, or even scared about what comes next. That is completely normal. Most people have never been through this before, and the unknowns can feel overwhelming.

The good news is that knowledge is power, and understanding what police can and cannot do during a DUI stop in DC can make a big difference in your case and your peace of mind. At Monument Legal, our DC DUI defense attorneys have guided countless Washingtonians through this exact situation. In this first part of our educational series, we explain the rules police must follow, what rights you have during a DUI stop, and what to do to protect yourself calmly and confidently.

Understanding Probable Cause in a DC DUI Stop

In DC, police cannot stop a driver without a legitimate reason. They need reasonable suspicion that a traffic violation or crime has occurred. That is the legal foundation for any DUI stop.

Examples of valid reasons for a stop include:

  • Speeding or running a red light
  • Swerving between lanes
  • A broken taillight or expired registration tag
  • Driving unusually slow or erratically

If none of these factors are present, your attorney may be able to challenge the legality of the stop. That can lead to crucial evidence being excluded from your case.

“Police cannot stop you on a hunch. Every DC DUI stop must start with a lawful reason.” – DUI Attorney Chris Mutimer

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What Officers Can and Cannot Do Once You Are Stopped

Once you have been pulled over, the officer’s authority is limited by both DC and constitutional law. Here is what typically happens and what your rights look like at each step.

1. The Initial Approach

An officer may ask for your license, registration, and proof of insurance. You are required to provide these documents, but you do not have to answer detailed questions such as “Where are you coming from?” or “Have you been drinking?” or “How many drinks did you have tonight?” You can respond politely with something like, “I prefer not to answer without a lawyer present.” Remaining calm and respectful is very important.

2. Field Sobriety Tests (FSTs)

If the officer suspects impairment, they may ask you to perform field sobriety tests such as the walk-and-turn or one-leg stand. In DC, these tests are voluntary, not mandatory. Politely declining will not automatically lead to arrest, but your choice could influence the officer’s next steps.

3. Breath or Chemical Tests

Under DC’s implied consent law, if you are lawfully arrested for DUI, you are required to take a chemical test (breath, blood, or urine). Refusing a post-arrest test can result in a license suspension and may be used against you in court. However, preliminary breath tests (PBTs) given on the roadside before arrest are voluntary. Knowing the difference matters.

Can Police Search Your Car During a DC DUI Stop?

This is one of the most common and most misunderstood questions we hear. Officers cannot search your vehicle unless one of the following applies:

Legal Basis Explanation
Probable Cause The officer sees, smells, or otherwise detects evidence of a crime, such as an open alcohol container or drugs.
Consent You voluntarily agree to let the officer search your car. You are never required to give consent.
Arrest Search The search is connected to a lawful arrest, for example, to secure evidence or ensure safety.
Safety Concerns The officer believes there is an immediate safety threat, such as a visible weapon within reach.

If none of these apply, you have the right to calmly say, “I do not consent to a search.” Never argue or interfere physically. Simply assert your right clearly and respectfully.

How to Protect Your Rights Without Escalating the Situation

During a DUI stop, staying composed is crucial. Here is a quick checklist to keep in mind:

  1. Pull over safely, turn on your interior lights, and keep your hands visible.
  2. Be polite and cooperative, but limit your conversation.
  3. Do not admit to drinking or guess how much you have had.
  4. Refuse field sobriety tests and vehicle searches politely.
  5. Ask for a lawyer immediately if you are arrested.

The way you handle yourself during the stop can influence not only the officer’s perception but also how your case unfolds in court.

Key Takeaways

  • Police must have a lawful reason, called reasonable suspicion, to stop you.
  • You have the right to remain silent beyond providing identification and registration.
  • Field sobriety tests and preliminary breath tests are voluntary in DC.
  • Police cannot search your car without probable cause, consent, or an arrest.
  • Staying calm, respectful, and aware can protect your future.

FAQ: Your Rights at a DC DUI Stop

What should I say if an officer asks whether I have been drinking?

You can politely say, “I prefer not to answer without a lawyer.” It is your constitutional right to remain silent, and you cannot be punished for exercising it.

Can I refuse to take a breath test in DC?

If it is a preliminary breath test before arrest, yes, you can refuse. If it is a chemical test after arrest, refusing can lead to license suspension under DC’s implied consent laws. See DC Code § 50–1905 for details.

Will I be arrested if I refuse field sobriety tests?

Not automatically. However, officers may arrest you if they believe they have probable cause based on other observations, such as the odor of alcohol or erratic driving.

Can I record a DUI stop in DC?

Yes. DC law allows you to record police officers performing their duties in public as long as you do not interfere with the investigation.

Ready to Talk to a DC DUI Attorney?

If you are scared after a DUI arrest in DC or unsure what to do next, you are not alone. The first step is getting clarity about your rights and options. At Monument Legal, we take the time to listen, explain the process, and fight for the best outcome possible, whether that means challenging the stop, negotiating a dismissal, or taking your case to trial.

Contact Monument Legal today to schedule a confidential consultation. You can also read more about our DC DUI defense services to learn how we can help.

Your story is not over, and we are here to help you move forward with strength and hope.

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