In Part 1 of a two-part series, we’re going to look at some of the things you should do prior to being placed under arrest for Driving While Intoxicated. Many people do not realize that the actions they take prior to officially being arrested can go a long way in deciding the outcome of their case. With that in mind, we want to spotlight some of the actions that it is oftentimes recommended to take prior to a DWI arrest.
What To Do Before A DWI
For the following scenario, we are going to assume that you are being stopped by an officer and you are over the legal limit. This blog would be much shorter if our only advice was “Don’t Drink and Drive,” and while we still do believe in that sentiment, we want to provide some practical advice in the event that you got behind the wheel after having too much to drink and an officer is attempting to pull you over.
1. Pull Over Quickly And Safely – Do not make a bad decision worse by attempting to flee from the officer. We promise you that the situation will be much worse if you attempt to flee than if you just pull over. Not only will you face additional charges, but if your reckless driving injures or kills someone, a misdemeanor may jump to a felony. Pull over quickly, but make sure to check your surroundings and pull over in a safe manner.
2. Turn On Your Dome Light And Keep Your Hands Visible – If you are being pulled over at night, which is the case with most DWIs, turn on your dome light and keep your hands visible when the officer approaches your car. Feel free to collect your license from your wallet, but don’t dive into your glove box just yet. If you need to retrieve proof of insurance from the glove box, wait until the officer asks for it and then ask them if it’s okay for you to grab it. Don’t make any quick movements towards the glove box without letting the officer know your intent.
3. Short Replies – You don’t need to go into great detail about where you are coming from or where you’re going. Just provide them with your basic information and your driver’s license. If the officer asks if you’ve had any alcohol tonight, here’s how you should answer. Keep your responses short and sweet, because anything you say can be used to make a case against you.
4. Be Respectful – At the end of the day, we’re all humans who want to be treated with respect. Be respectful with the officer. Being polite may not get you out of an arrest, but being rude or abrasive can certainly dig yourself a bigger hole. Be respectful in the face of an unfortunate situation.
5. Ask To Contact A Lawyer Before Blowing Into A Breathalyzer – As we discuss in this blog, you are allowed to reach out to a lawyer once a traffic stop has reached a critical juncture. If the officer is requesting that you take a breathalyzer, the situation has officially reached a critical stage, and you have the right to consult with a lawyer. You won’t get to have a 30-minute conversation, but you can reach out for individualized advice or information on what may happen next based on whether or not you decide to blow.
6. Request A Breathalyzer If You Haven’t Been Drinking – If you know that you are stone cold sober, but the officer has reason to believe you are under the influence (maybe you’re just tired and coming back from an overnight shift), you can request to submit to a breathalyzer if they continue to badger you about your alcohol consumption on the evening. This is not recommended if you’ve had any alcohol, but if you haven’t had a drop, go ahead and blow to speed up the process.
7. Don’t Try To Talk Your Way Out Of It – Finally, if the writing is on the wall, don’t try to talk your way out of the arrest as a last ditch effort. It only ends up worse the vast majority of the time. A suspect may try to “come clean” to the officer and let them know they have been drinking, but they only had two or three beers. The officer isn’t going to think “Well then, this man is obviously sober, I’ll let him go.” Instead, they’ll just think, “I suspect this person is under the influence of alcohol and they just admitted to consuming alcohol recently.” When it goes to court, they have you on record admitting to consuming alcohol before driving. Just keep quiet and let your lawyer do the talking later.
Stay tuned to our blog next week for the seven steps you should take after you’ve been arrested for DWI. And if you need legal help in the meantime, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
