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What to Do if Stopped for DWI |
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THE STOP: If you are stopped for DWI (or any traffic stop), drive to the right lane as cautiously & quickly as possible. Find a place where you can park with safety. Shut the engine off, turn on your emergency flashers. Get your driver's license & proof of insurance ready for the officer to inspect. If the officer hasn't yet approached your vehicle, put your hands on the steering wheel & wait for the officer. Do not go up to the officer's car. Do not put your hands in your pockets or make any sudden movements that could make the officer fear for his/her safety. Be courteous! Respect the officer's authority. Being rude will almost certainly get you arrested. WHEN THE POLICE ASK IF YOU'VE BEEN DRINKING: If you've been drinking, chances are you will have an odor of alcohol on you. Be honest. It gives you more credibility. However, if you've had more than 2 drinks, do not answer this question. Politely ask the officer why he stopped you & if you are under arrest. If you are under arrest, immediately tell the officer you wish to invoke your constitutional right to remain silent & are requesting the presence of an attorney. This forces the officer to make an arrest decision with little, if any, evidence of intoxication. Do not answer any more questions. IF THE POLICE ASK YOU TO PERFORM FIELD SOBRIETY TEST: Do not refuse or agree! Simply tell the officer that you will be happy to cooperate after you gain the advice of your attorney & he/she is present with you at the police station. If the officer informs you that you are not under arrest, ask the officer whether you will be issued a citation &, if so, whether you are free to leave upon completion of the ticket. IF YOU'RE NOT UNDER ARREST, BUT THE POLICE WON'T LET YOU GO: Again, simply instruct the officer that you are happy to cooperate, but you are invoking your constitutional right to remain silent & desire legal counsel. Don't be afraid to exercise your rights! You'll be sorry later if you don't. IF YOU ARE ARRESTED: Call our office immediately. (972) 377-8181 AT THE POLICE STATION: Continue to exercise your right to remain silent & right to legal counsel, even if the police tell you "you do not have the right to an attorney." Let a judge decide the law, not the police. Be FIRM but polite. SHOULD I TAKE THE BREATH TEST? If you've had anything to drink, do not take the test. The machine is not always accurate. It is your right to refuse to take this test. The police may tell you that if you don't take the breath test, your license will be automatically suspended. This is not always true. You are by law entitled to request a hearing within a certain number of days to determine whether your license should be suspended. Our firm routinely handles these matters with great success. DWI IS A CRIME OF OPINION. IT IS A POLICE OFFICER'S WORD AGAINST YOURS. IT IS NOT AGAINST THE LAW TO DRINK & DRIVE. IT IS AGAINST THE LAW TO DRIVE WHILE INTOXICATED. DRINK RESPONSIBLY & DON'T DRIVE IF YOU'VE HAD TOO MUCH… BUT IF YOU FEEL YOU HAVE BEEN FALSELY ACCUSED OF DWI, CALL US. WE'RE HERE TO HELP! |