The most important thing is that you need to be polite with any law enforcement doing an investigation. As hard as it might be, and as much of a jerk that the cop might be, take the high road and stay polite. This could make the difference between being charged or not being charged.
Have your License and Insurance Ready
When an officer comes to your car, you know what he is going to ask for. Be prepared so as to limit the amount of time speaking with the officer (letting the smell of alcohol escape from your mouth). Every word you say will be a test to see if you seem impaired from alcohol/drugs. Since you know that the officer is going to ask you for your license and registration, have it ready for him/her before the officer is at your window.
Insist on Speaking to an Attorney
Tell the officer that you want to speak with your attorney. This will not stop the DUI investigation but it will protect your rights. By not speaking with the officer, you will avoid telling the officer that you are only "partially drunk" or that "you knew you shouldn't have driven" or that you "knew you were too drunk to drive."
Do not Take the Field Sobriety Tests
You are not required to submit to field sobriety tests, and will not be penalized for refusing them. These tests include the eye test (where your eyes follow a pen), the walk and turn test, the toe-to-heel test, etc...
Remember that the portable breath test (PBT) IS a field sobriety test and can/should be refused. The PBT is a hand held device that the driver blows into so the police can get an estimate of the blood alcohol concentration.
Call an Attorney
No matter what, you should contact an attorney as soon as possible. Preferably, you should be on the phone with your attorney the moment that you see the rolling lights of the police car behind you.
Whether you are a client or not, you can always feel free to call me with questions or concerns.
The Feldman Law Firm, PLLC