What Should I Do if I’m Stopped for A DWI?

Danford Law Firm Feb. 13, 2024

This is the number one question asked by clients. The most important thing is to not panic. Just promptly pull your vehicle over in safe manner and know the cops will be watching your every move.  All your actions will be recorded on video. And remember the following:

  1. Have your driver’s license and insurance out and ready. The cops will be watching to see if you can remove these items from your wallet without fumbling.  They will also make note of whether you give them the correct license and insurance.

  2. Try to speak in a calm manner without slurring your words.  The cops will be looking for slurred speech and nervousness.

  3. The cops will ask if you know why you were pulled over.  The correct answer is NO.

  4. Always be courteous because the video is recording.

  5. The cops will ask where you are coming from and going to.  You don’t have to tell them.  You could say from an errand and on the way home.  Never say from a bar.

  6. The cops may ask why you smell like alcohol.  You don’t have to answer.  You could say that you have no idea because you have not been drinking.

  7. The cops may ask how much you have had to drink.  You don’t have to answer.  NEVER admit to drinking.   Never say only 2 beers.  The best answer is NONE.

  8. If the cops ask you to exit to vehicle to do field sobriety tests, you are most likely going to jail.  Don’t panic.  Remember the video is running and try not to stumble or sway.  The cops will be looking to see if you use the door for support while exiting the vehicle.

  9. You are not required by law to do the field sobriety tests. Be polite and, for example, you can tell the officer that you would be glad to perform the tests but that you want to talk to a lawyer at DANFORD LAW FIRM first before you do them or answer any more questions.  Remember to be polite.

  10. Once arrested, the cops will ask you to submit to a breath or blood test.  The law does not require you to agree to theses tests. You can refuse.  The best answer is that you would be glad to perform these tests but that you want to call your lawyer at DANFORD LAW FIRM first. Then you may choose to refuse because they will not let you call your lawyer.

  11. If you refuse to submit to the test, in most instances, the cops will get a search warrant for your blood.  Don’t panic.  We can always seek to fight the warrant and the blood draw.  If you physically resist the blood draw, the cops could add more charges such as resisting arrest. So definitely do not resist.

  12. Once you go to jail, call a bonding company or get someone to post a cash bond to secure your prompt release from jail.

  13. Once released from jail, call DANFORD LAW FIRM immediately.  We can start working on your case and request a hearing to contest your license suspension and start fighting your criminal case.  THIS HEARING MUST BE REQUESTED WITH 15 DAYS OF YOUR ARREST FOR DWI.