Getting pulled over for suspicion of driving while intoxicated can be a harrowing experience for the driver, even if you believe you aren't actually drunk or otherwise intoxicated. If you find yourself in this situation, it's important to remember that you have certain rights that you can use to protect yourself or at least make it more likely that a good DWI attorney will be able to help you fight the case further down the line. Here are some tips to keep in mind when you are pulled over by the police for suspicion of driving while intoxicated.
Providing Information to the Police Will Not Help You in Court
You might think yourself a smooth talker but talking to the police in this situation is never a good idea. You can answer basic questions like your name if asked, but the officer's job is to try and collect evidence of your potential crime. While you should not lie to the police, you do have the right to remain silent, and using this right could pay off down the line. A good attorney may be able to get you a better plea deal or even fight the charges directly if there isn't a mountain of evidence against you. If you are asked how many beers you drank and you tell the officer you finished the entire 12-pack, that is going to end up in the court documents and will make your attorney's job that much harder. Keep your mouth shut when you have the legal right to do so.
You Also Have the Right to Refuse Certain Tests If You Are Willing to Accept the Consequences
Beyond what you say to the police during the stop, you may also have a decision to make when asked to go through one or more tests for intoxication. This could include a Breathalyzer test or a blood draw. You may have the right in your state to refuse certain tests, although keep in mind that the police may also have the right to get a warrant for a blood draw or other testing. You should also know that refusing to take a DWI test may result in an immediate license suspension. But a suspension is not a jail sentence and might be the better option for you if you think preventing the collection of certain information or at least making that information harder to obtain could help your case.
Contact a DWI Attorney and Let Him or Her Do the Talking
Your DWI attorney should be your first phone call if you do get taken to the local jail. If you are offered an interview at the jail, tell them you will not give more information without an attorney present.
Reach out to a local DWI attorney to learn more.
