DWI's: What to do if stopped by police
by
Kenneth G. Wincorn on Jan. 04, 2018
Criminal DUI-DWI Criminal Misdemeanor Criminal Felony
Summary: Should I take the tests? What to do when stopped
To Blow or not to Blow, that is the question
You see flashing lights in the rear view mirror. Panic, dry throat, where do I stop or should I continue the block to the house? Your mind is clouded with questions. Almost everyone has the same reactions. Here are a few suggestions that may help keep you from making the prosecution's case.
1. Stop as soon as possible. If you continue you may be charged with evading arrest. Don't block traffic, remember that you are on video. The way you drive is important to your claim of sobriety later.
2. You do not have to answer questions other than your name, address and date of birth. Produce your driver's license and insurance for the officer. If you do not want to answer other questions you can politely refuse "on the advice of your attorney (or someone else's attorney)".
3. Always keep in mind that you are being videoed and recorded. Your answers can hurt you if you volunteer. An example is when the officer asks on a scale of one to ten rate how intoxicated you think you are. There will probably be a question similar to this. If you say you are affected you have severely handicapped yourself in a court later. It is not necessary that you have an opinion.
4. Should you do the agility tests: eye test, walk and turn, one leg stand, eyes closed and stand for 30 seconds and more? If you are an athlete, are wide awake and have no physical limitations and have not had a drink the answer may be yes. The tests are difficult and are designed for failure for most people.
5. Should I take a breath test? The answer depends on whether you had anything to drink or not. It is not illegal to have had a drink and then drive, it is illegal to be under the influence of alcohol to the extent that it creates the inability to perform safely. The generally advice is to refuse. Even if you pass the breath test you may be asked to take a blood test to see if there are drugs in your system. Again the best advice of most lawyers is to refuse. You will probably be arrested but that will usually happen even if you take the test. Results from the blood test do not come back for many weeks and the case has been filed by then.
I hope this helps to give some guidance if you are pulled over by the police.