You’re driving home when the flashing red and blue lights pop up behind you. The officer walks up, asks if you’ve been drinking, and suddenly you’re in a situation you never thought you’d be in.
Hi, I’m Marc Lopez, former DUI prosecutor turned defense attorney, and I’m here to break down the three psychological tricks that officers use in DUI stops—and how you can avoid falling for them.
1. The Friendly Trap: “I Just Want to Get You Home Safe”
Most DUI investigations follow a script, and the friendliness is part of the act.
During the personal contact phase—when the officer first approaches your car—they’re sizing you up:
- Do you smell like alcohol?
- Are your eyes red or glassy?
- Are you fumbling around?
But instead of acting like a hard-nosed interrogator, the officer often goes with a “just trying to help you out” tone.
They might say something like:
“Hey, I just want to make sure you’re safe to drive. I don’t want anyone getting hurt tonight.”
This is intentional. Officers have told me—in hundreds of depositions—that a nice demeanor gets people talking. And once you start talking, you’re more likely to incriminate yourself.
Pro Tip: Stay polite but don’t overshare. You are being evaluated—even if it doesn’t feel like it.
2. The Setup: License, Registration… and a Test You Didn’t Know You Were Taking
Next, you’ll be asked for your license and registration—a perfectly normal request, right?
What they’re really doing is testing your divided attention:
- Did you give them a Costco card instead of your license?
- Did you fumble in the glovebox?
- Did you forget to turn your car off?
While you’re busy digging, the officer is scanning your vehicle for open containers or anything illegal. This is all part of their trained evaluation strategy.
3. The Field Sobriety Mirage: You’re “Close,” Let’s Just Do Some Tests…
If the officer thinks there’s enough probable cause, they’ll ask you to step out for field sobriety tests.
They might say:
“You seem borderline, but if you do well on these, I can probably get you home.”
Let’s be clear: If you’re being asked to do these tests, you’re probably not going home. There are exceptions, but they’re rare.
You’re being graded on everything:
- Did you stumble getting out?
- Did you lean on the car?
- Did you leave it in gear?
Even before the test starts, they’re filling out a checklist.
Why You Should Say “No” to Field Sobriety Tests (In Indiana)
In Indiana, you’re not legally required to perform field sobriety tests—and there’s no penalty for refusing.
These tests include:
- Horizontal gaze nystagmus? Doctors laugh at the fact this test is used to help determine intoxication.
- Walk and turn? Hope your knees, hips, back, and balance are perfect.
- One leg stand? If you’re overweight or over a certain age, the results are already invalid.
They’re subjective, and not designed for average people with bad knees, bad balance, or no sleep. And don’t think excuses will help—officers are trained to dismiss them:
“Bad knee? We’ll take that into account.” (They won’t.)
These tests never help. They’re designed to make you look impaired.
The Portable Breath Test: The Ultimate Illusion
After the field sobriety tests, you may be offered a portable breath test (PBT). In Indiana, the number doesn’t come into evidence, but officers will use it as leverage:
“You’re close—maybe this test can clear you.”
They’ll rarely show you the result. Why? Because if you blow under 0.08, you might expect to be released. That’s not the plan. They’ll just pivot and say they need a blood test to check for drugs.
If you blow over 0.08, it’s straight to the evidentiary breathalyzer at the station. And you still won’t see the PBT number, because that illusion of hope needs to stay alive just a little longer.
Once You’re in the Car, You’re “Not Under Arrest” (But You’re Definitely Not Free)
At this point, you’re in the squad car. Maybe handcuffed. You haven’t been read your Miranda rights, and that’s because you’re not technically under arrest—yet.
Many officers will:
- Continue questioning you
- Say things like “this is just a formality”
- Act like they’re doing you a favor
Don’t fall for it. You don’t have to answer their questions. Always plead the 5th.
Should You Blow at the Station? Should You Give Blood?
In Indiana, refusing the breath test or a blood draw results in:
- A 1-year license suspension for first-time refusals
- A 2-year suspension if you’ve had a prior DUI
And you can’t get specialized driving privileges during that suspension.
Most people blow or give blood because they can’t afford to lose their license. If you’re forced to choose, I recommend blood over breath. However for it not to count as a refusal, a person must submit to each certified chemical test offered (blood or breath test at the station).
Final Thoughts: Know Your Rights, Trust No One, and Never Talk Your Way Out of a DUI
The best way to beat a DUI? Don’t drive impaired.
But if you find yourself pulled over:
- Stay calm and respectful
- Comply with getting out of the vehicle
- Do NOT perform field sobriety tests
- Plead the 5th and ask for a lawyer
- If forced to choose, go with a blood test
Charged with a DUI in Indiana? Let’s Talk.
At the Marc Lopez Law Firm, we handle DUIs every day. We know the tricks. We know the system. And we know how to fight for you. Call 463-946-0521 today, and remember—always Plead the Fifth!
