It’s important to know your rights when you are accused of a crime. A DWI is certainly no exception. If you are ever stopped for a suspected DWI, act calmly, rationally and intelligently, and exercise your rights under the law. The following tips are helpful in this situation.
Pull Over Safely
Though fear may encourage you to pull over immediately when a law officer begins following you with flashing lights, don’t act instinctively. Look for a safe, well-lit area with enough space to accommodate your vehicle on the side of the road. Your ability to make this intelligent, rational decision may have bearing on the officer’s determination of your sobriety.
Be Prepared With Your Credentials
The officer will be looking for fumbling, slow hand movements. Have your car registration, insurance, and driver’s license ready when he approaches your vehicle.
Demonstrate That You Are Not a Threat
Turn on your interior lights immediately and when the officer approaches, place your hands where he can observe them and see you have no weapons and are not a threat to his safety.
Remain Calm and Don’t Volunteer Information
Anything you say can be held against you in a court of law. The officer may be recording you. Don’t offer information about where you are going or coming from or why you may have been driving in a particular manner. Don’t attempt to talk your way out of a drunk driving arrest. Volunteering unsolicited information usually results in having your own statements and actions used against you.
Courtesy
Speak politely and act courteously during the entire interaction. Again, the officer may be recording you with a police car camera. It’s important to demonstrate you were behaving properly during the stop. Additionally, though you will refuse to answer self-incriminating questions, doing so while remaining polite may anger the officer. In these cases his behavior and words may work in your favor.
Politely Assert Your Rights
If the officer asks you loaded questions, like whether you have been drinking, respectfully explain that you wish to speak with an attorney before answering his questions.
Use Your Judgment for Consenting to Field Sobriety Tests
There is no easy answer as to whether you should submit to a roadside field sobriety test. If you fail horribly, this is strong evidence of your intoxication. However, if you refuse, this will typically be viewed as evidence of guilt by a judge. If you have a physical condition or ailment though, that would detrimentally affect the results of these tests, inform the officer of this and politely decline due to your condition.
Don’t Refuse the Breath Test
Doing this will add a “refusal” charge to your situation. It is typically better to defend against a high BAC breath reading than against both a DWI and a refusal charge.
Demand a Blood Test
Politely assert your right to have your blood drawn at a nearby hospital.
Document Everything
As soon as you are able, document everything you can recall about the entire stop. Take pictures of the area where you were stopped and took the roadside sobriety tests. If you have any medical conditions which potentially affected your performance on the sobriety tests, gather the medical records necessary to prove this.
Seek Experienced Counsel
Locate and hire a DWI defense attorney with the skills and experience to aggressively defend you. It is best to do this before your first scheduled court appearance. Schedule a free consultation with our experienced New Jersey DUI Lawyers today.
