What to Do If You Are Stopped on Suspicion of Driving While Intoxicated

The officer walks to your window and asks to see your driver's license and insurance. With shaking hands you take you driver's license out of your wallet and you try to think where that insurance card is. The next thing you know the officer is asking you if you've been drinking.

And thus it begins.

What you do in the next few moments can alter your life in ways you can scarcely imagine. Knowing what to do and what your rights are is of the utmost importance.

The first rule is to be polite. No matter what you do, or what you say, avoid getting into a verbal altercation with the officer. The officer has the discretion to take you to jail or to let you continue driving down the road. While being polite will not guarantee your being allowed to continue along your way, being confrontational will earn you a trip to jail.

The only question that you are required to answer is an identification question. Once you have handed the officer your driver's license you have answered that question. When the officer asks you questions he is attempting to detect the odor of an alcoholic beverage on your breath or to gather other evidence that can be used against you.

When the officer asks you if you've been drinking, the best response is to tell the truth. If you have been drinking the officer will smell the odor of an alcoholic beverage on your breath. Any answer other than the truth will ruin your credibility with the officer. Keep in mind that it is not against the law to have a drink and then get behind the wheel of your car. It is only illegal if you have lost the normal use of your mental or physical faculties.

After establishing that you have consumed alcohol, the officer will ask you what you had to drink and how much you consumed. At this point you should ask the officer if you are under arrest. If the answer is no, then tell the officer politely that you would prefer not to answer any more questions without first speaking to an attorney.

If the officer threatens to place you under arrest or if he becomes belligerent, remember to stay calm and collected. Your demeanor will speak volumes on a video recording of the stop.

Should the officer ask you to get out of the car, politely ask why. If he says he wants you to perform a series of tests so that he can decide whether you're okay to drive, politely decline his offer. As a rule, by the time the officer asks a driver to get out of his car, the officer has already made up his mind to arrest the driver for driving while intoxicated. You have nothing to gain by performing the officer's coordination exercises on camera.

The officer will ask you once more to exit the vehicle. Take a deep breath and slowly climb out of the car. Be very careful not to lean against the car when getting out or when standing.

Should the officer place you under arrest, he will ask you to blow into the breath test machine. With one exception you should never submit to a breath test. A refusal could result in a driver's license suspension, but if the officer asks you to blow, you are already under arrest. Blowing into the machine will only give the police evidence they would not otherwise have.

The one exception to this advice is if your local jurisdiction is running a "No Refusal" Weekend. If they are, you will either blow into the machine or you will be subject to a forced blood draw. Given that choice, you are generally better off fighting a breath test than a blood test.

While following this course of action may not prevent your being arrested on suspicion of drunk driving, it will prevent the state from gathering evidence to use against you in court. Keeping your wits about you can make the difference between an acquittal and a conviction for driving while intoxicated.