What To Do When An Officer Stops You For DWI

Raleigh DWI Attorney Advises:

1. Several of your constitutional rights begin after you are taken into police custody. So ASK THE OFFICE IF YOU CAN LEAVE. Yes means you should leave and NO means you are in custody and have additional constitutional rights.
2. DON'T HAVE A CONVERSATION WITH THE OFFICER. The officer will ask you questions to get you to admit things that help the court find you guilty. If you tell the officer where you were coming from, the officer will testify you came from an area where alcohol was available. If you admit you drank alcohol, then all the court has to find in that you drank too much. If you tell the officer where you are going, then the officer may testify you were confused because you were not taking the most direct route to your destination.
3. DON'T DO ANY ROADSIDE SOBRIETY TEST. You are not required to perform these tests, few people can pass them and refusing cannot be used against you at trial.
4. ASK TO SPEAK TO A LAWYER. When you ask to speak to a lawyer, the law requires the officer to stop questioning you about suspected criminal activity. You should still give the officer you name, address, telephone number and date of birth but nothing more.
5. You are not legally required to submit to the breath test at the jail. But refusing will ensure that you are charged with D.W.I. and allow the D.M.V. to suspend your driver's license for a year even if you are found not guilty. A result under 0.08 means you probably won't be charged with D.W.I. and a result over 0.14 means you may only drive for work purposes during the year following your first D.W.I conviction. Choose wisely.