A lot is riding on how you act during and immediately after your police
stop on suspicion of DWI. Following the advice below is the best means
of beating a DWI charge and protecting your freedom and driving privilege.
(Politely) Refusing Questions
If you have been pulled over, you should calmly and politely refuse to
answer any questions by law enforcement. You must still provide your driver’s
license and registration, and comply if asked to exit your vehicle, but
you are not obligated to answer any questions posed by the officer including
how much alcohol you have consumed and where you are going.
You are also not required to take any field sobriety tests. These can include
the walk and turn test, one-legged stand, finger to nose test, horizontal
gaze nystagmus test, and alphabet test. It is generally not a good idea
to submit to these tests, since the officer usually has made up their
mind as to your guilt before you even take them, and can use your performance
to “prove” your guilt. While your refusal to comply with these
tests can be used against you, participating simply gives the officer
ammunition to arrest you.
Lastly, the decision to submit to a chemical test of your blood alcohol
level is ultimately yours to make. A refusal will automatically result
in a suspension of your driver’s license, but if you feel taking
the test will result in a blood alcohol level of above 0.08, it may be worth it.
Even if you are arrested, you do yourself a major disservice by speaking
to the officer. Whatever you say during your arrest can be twisted and
used against you later by law enforcement.
No matter how your DWI stop goes, if you are arrested, you need a skilled
attorney to fight your charges. An arrest is far from a conviction, so
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