Foremost be polite, even if you think you were wrongly stopped by the officer or trooper. If you believe you may be over the legal limit and you will most likely be arrested for DUI - you may want to follow these steps to best prepare your defense for the attorney who might represent you.
1
Give your driver's license, proof of insurance and registration to the officer.
You are required to give these items to the officer who has stopped you if they may ask for them. Having these items prepared to give to the officer will avoid police report entries like "suspect fumbled through her purse" from appearing and being used against you.
2
Do not answer the Officer's questions without an attorney present.
Say that you will sign a citation, if any, but that you will not answer any questions without the presence of an attorney. This will limit the amount of evidence the officer can collect against you and you will be in a better position to defend you case at a later time. It may be tough to not answer his or her questions and they will attempt to ask you more questions or even get angry with you. You have the right to not speak with the officer. Be polite and reaffirm your request for an attorney before you answer the questions.
3
Do not perform any Field Sobriety Test (FSTs).
If requested to perform FSTs refuse. They are voluntary although the officer may not inform you that they are. You do not have to perform them - period. Do not give the officer any other evidence against you. This includes the horizontal gaze nastagmus test or eye test.
If requested to perform these tests simply state "I do not have to, and I refuse to perform any field sobriety tests."
4
Do not blow into the Portable Breath Test (PBT) but do state that you will submit to a breath test.
You do not have to submit to blow into the PBT the officer will have on the road side. However, you may face significant Driver's License penalties including suspension if you refuse to submit to a breath sample at the police station after you are arrested. If you are asked to give a sample state that "I will submit to a breath test other than the PBT if requested, and I will want an additional legal blood test." It is your right to have a blood test to confirm or deny the results obtained by a breath sample.
5
If you are arrested, immediately request an attorney.
Once arrested the officer may handcuff you and they may read you "Miranda Warnings" or your rights. It is very important that you request an attorney or a public defender immediately and do not answer any questions. The officer may continue to ask you questions - you do not have to answer them - reassert your right to remain silent.
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