From the moment the cops decide to pull you over you are being video taped. The entire investigation will be video and audio recorded. Don't say or do anything that you do not want a judge, a jury, your family or yourself to see at a later date. Remember that the officer will try to trick you into talking so that you can later be accused of having "slurred speech," "confused answers," "disoriented speech" and/or "slow response." Any rambling speech, talking to yourself or excessive speech will appear to be a symptom of intoxication to the jury - better to remain silent than to say anything that must be explained at a later date.
Be Polite As You Refuse Testing
If the officer gets agitated and aggravated, it will show on the tape. Be considerate but tell the officer that you do not wish to answer his/her questions and you will not agree to take any tests without your lawyer advising you to do so.
Remain Silent And On Camera
If you are not allowed to call your lawyer upon request, if arrested, at least the jury will see that you had your normal mental faculties during a highly stressful situation. Tell the officer you do not want to answer any questions without first speaking to your lawyer. The officer knows he/she is being recorded and taped so he/she will probably behave. However, if the officer tells you to move off camera (out of view of the recording device) ask the officer if you can stay in the camera's field of vision. If you remain off camera the officer will have to explain the reasons for his/her actions to a jury.
If you are being arrested, relax as much as you can. You are going to jail - nothing you do can change that! The officer is not going to let you go; no matter what you say, do, or blow into. You will not be allowed to go free if you cooperate by blowing in the machine or giving your blood. There is no reason for you to give the police evidence that they will use against you in trial. The fear you are feeling comes from the lack of knowledge about DWI and what is going to happen to you. Inform yourself of your legal rights (as you are doing now) to remain silent and not give incriminating evidence.
Contact An Attorney
If you follow the steps above, you will have a much better chance to fight your DWI charge. Make sure to hire an experienced attorney to handle your case and tell your attorney ALL the facts of your case.