What do I do when I am pulled over for DWI, DUI?

While we can’t predict every scenario that might occur when you are pulled over under suspicion of Driving While Intoxicated (DUI, DWI or even MIP), we do understand how the scenario usually happens. To that end here is a short guide of what to do when you are pulled over:

• Remain Calm & Polite – Acting irrational or angry can quickly escalate a calm scenario into a huge drama without need.
• Provide the required documents as needed – Usually you will be asked to give your license and insurance documentation.  If you have these documents, hand them to the officer.
• After Initial Assessment the Officer May Request Tests – Note that this is a request.  You are not required to do ANY testing for the officer.  In fact, it will not be in your best interest.  Tests done at the side of the road will be video taped most likely and used against you in a court of law, as will your comments made to the officer.  Be polite and firm that you do not agree to take the hand-held breath test, the field sobriety tests including the “eye test”  or any other test at the side of the road.
  At this point, if you have even a hint of alcohol on your breath, they are going to not let you drive home and take you in for a breath/blood test to “be sure”. Even if you pass the test they will arrest you and take you down to double check. The best thing you can do is not give them evidence of any kind.
• Don’t Admit to Drinking Anything – You don’t have to lie.  In fact, don’t say anything.  Remaining silent can’t be held against you later.
• You Will Be Taken Downtown and Your License Will Be Confiscated – This seems much more traumatic and can be shocking especially if you have never had this happen before.  There are some key factors to keep foremost in your mind when you are going through this experience:
  • Again Don’t Take Any Breath Tests - Politely decline
  • Ask for a lawyer once you enter the video room
  • Stay motionless or in one place.  – They are video taping you and looking for signs of alcohol consumption of any kind to use against you.
  • Politely continue to ask for a lawyer
    
  • Do not waive your rights and don’t make a statement of any kind
• Your license may not be suspended if you act quick – The officer is going to confiscate your license. He/she cannot suspend it and if you request an administrative hearing within 15 days your license will not be suspended for several months, if at all. Even if your license is later suspended by a judge, you can obtain an occupation license. This license allows you to drive six days out of the week and during any 12 hours out of the 24 hours of those days.