One of the first things that I often notice is that a potential client has tried to talk his/her way out of a DUI charge by explaining to the officer that they had little to drink. When the officer is not swayed, this can become a confrontational encounter. That does an accused citizen no favors. It will not help the situation at trial, at an evidentiary hearing or for purposes of plea bargaining or sentencing.
DECLINE THE ROADSIDE BREATH TEST
The roadside preliminary breath test can be the sole basis for an officer's decision to arrest. Your best bet is to decline, politely, this test. It will cost you a fine of around $200.00 but it will also make it tougher for the officer to justify the arrest.
DECLINE THE STANDARDIZED FIELD SOBRIETY TESTS
There is nothing that you can gain from performing the Horizontal Gaze Nystagmus (HGN), Walk and Turn or One Leg Stand. Politely decline to perform these tests when asked by the officer. Also decline to recite ABCs, number counting or touching fingers to thumb. NOTE: In some jurisdictions you may be charged with hindering or obstructing a police officer. However, that charge is much easier to resolve than a DUI.