Two Simple Rules to Remember When Pulled Over for DWI
This guide will enable you to confidently handle a traffic stop that leads to a possible DWI arrest. You will be given tools to use when confronted by a police officer who suspects you of driving while drunk or under the influence.
Rule One- Politely Refuse to Take any Tests and Keep your Mouth Shut (don't admit anything)Do not agree to take any field sobriety tests, unless you know you can pass them. If you have a back problem or a knee problem, don't take any tests that require you to walk a straight line. If you wear glasses or contacts, don't agree to the "finger to nose" test or the "HGN" (horizontal gaze nystagmus) test.
Secondly, keep your mouth shut to the best of your ability, and do not admit anything. Most traffic stops, including those that escalate into a DWI suspicion, are captured by dash cam video, and a lot of juries will convict or acquit based on what is said during the stop, not necessarily what is done or how you perform on the field sobriety tests.
Rule Two- practice this until you start saying it in your sleep)"Look Officer, I know that I'm not intoxicated, but I think that those tests are designed to make people look drunk, even when they aren't. Which of these tests am I required by law to take?"
The jury will clearly hear you tell the officer that you are not drunk, and they might just believe you. It also gives a reasonable explanation as to why you prefer not to take their tests, and it asks the officer to advise you which tests you have to take. If you refuse field sobriety tests, the officer might arrest you based on pure suspicion, but you might get released, or advised to call a cab to come pick you up. In any event, it's better than being arrested for DWI and providing the police officer with incriminating video evidence that will be used against you at trial.