The officer just turned on his overhead lights, what do I do?

You should drive to the right lane as cautiously and quickly as possible, using your blinker.  Continue there until you can either safely park on the shoulder or pull into a parking lot.

I’ve pulled over, now what?

Put your car in park, turn off the engine, the radio, and put on your emergency or hazard lights.  Be aware of where your driver’s license and insurance are, but don’t go digging around just yet.  Put your hands on the steering wheel.  Such actions indicate signs of sobriety.

The officer immediately asked “Have you been drinking?”, what should I say?

If you have not been drinking the answer is simple.  If you have been drinking, you will have an odor of alcohol on your breath.  While the officer can not gauge how many drinks you had by the odor, it makes little sense to deny that you had a drink or two.  If the officer is immediately asking you about alcohol, then he is under suspicion you are DWI.

Do I have to answer the officer’s questions?

No.  Remember you have the right to remain silent.  You can politely ask the officer:

1) Why did you stop me?

2) Am I under arrest?

3) Am I free to leave?

If the officer says “You are under arrest.”, reply “I would refuse to answer any more questions or perform any tests, without my lawyer present.”  Be polite, but be firm.

If the officer says, “You are NOT under arrest, but are being detained.”, reply “I would refuse to answer any questions or perform any tests, without my lawyer present.”

If the officer says, “You are NOT under arrest and are free to leave.” Count your blessings and move along.

Should I do the field sobriety exercises?

This depends.  Understand the sobriety exercises, like the walk and turn and the one leg stand, are more akin to coordination exercises.  There are people who would never be able to do such tests.  Such people should always refuse the tests.  Other people, may be able to do well on the tests.  If you do believe you can do well on the tests and if they are being recorded, then feel free to do so.  Video evidence of you performing the exercises provides a strong defense.  Remember though that you are likely nervous, outside, in a parking lot (that may be sloped or uneven), with cars driving by and a police officer or two judging every move you make.  In other words the awkward and unnatural nature of the tests become even more awkward and unnatural.

Should I do the blood test?

No, No, and No.  You have the right to refuse the blood test.  If you refuse the officer may go get a warrant to draw your blood.  If the officer does than you must submit to the blood test.   While blood warrants are becoming more common, officers don’t always get one.  If they don’t, they can’t and won’t draw your blood.

Should I do the breath test?

No.  While there is some merit to submitting to the breath tests, if you think the officer will get a warrant to draw your blood, it is easiest to remember to refuse everything.  Unlike the blood test, the officer can’t force you to do a breath test.

But won’t my license be suspended if I don’t submit to the breath or blood test?

Maybe.  Within 15 days of your arrest, your attorney can request a license revocation hearing contesting the suspension.  Many times and contrary to what the officer told you, your license is not suspended.[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner width=”1/1″ css=”.vc_custom_1454187084623{border: 1px solid #000000 !important;}”][vc_custom_heading text=”Follow Us on Social Media” font_container=”tag:h4|text_align:left|color:%23000000″ google_fonts=”font_family:Playfair%20Display%3Aregular%2Citalic%2C700%2C700italic%2C900%2C900italic|font_style:400%20regular%3A400%3Anormal”][vc_facebook type=”standard”][vc_tweetmeme type=”horizontal”][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/1″][vc_single_image border_color=”black” img_link_large=”” img_link_target=”_self” image=”3677″ img_size=”full” alignment=”center” style=”vc_box_border”][vc_wp_search][vc_widget_sidebar sidebar_id=”sidebar-blog2″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text] [/vc_column_text][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1435860359043{margin-top: -1500px !important;}”] [/vc_column][/vc_row]