DWI Arrest: How To Make The Process Better For You
If you are driving while under the influence and you are pulled over by police, you want the situation to go as smoothly as possible. Unfortunately, there are some things you can do that can significantly make the situation more difficult for you. The following are some things you should avoid during a DWI stop:
Act Appropriately
The first thing you should never do when you are stopped for suspicion of DWI is to act rudely to the officer who is questioning you. Acting belligerently may make you appear guilty and more likely to be arrested. If your behavior is so poor that the officer believes you to be a threat to their safety, you may find additional charges in addition to your DWI.
When the officer requests your license and other credentials, hand it over without issue. This shows that you are willing to cooperate. Although this may not avoid an arrest if you have indeed been drinking or are otherwise intoxicated, it may make the process easier if you are willing to be cooperative.
Know How to Respond to Questions
One of the first questions the officer may ask is whether or not you have been drinking. If you admit to having a drink or two that night, you have given the officer immediate probable cause to arrest you. You have the right not to answer the question if you choose not to. You can simply state that you do not wish to answer that question. Chances are you may be arrested if the officer suspects you are intoxicated, but you help your case when you do not lend to his or her search for probable cause.
Understand Testing
If you have not been arrested, you should not agree to any testing. If you are not under arrest, the tests are not mandatory unless you are younger the legal age for alcohol use or you have prior DWIs.
However, if you have been placed under arrest, you should not refuse the testing. Some states have an implied consent law that requires you to agree to any sobriety testing at the time you get your driver's license. If you refuse the test after arrest, you could face additional legal charges.
Wait to Answer In-Station Questions Upon Arrest
If you are arrested and you are at the police station, be sure to avoid any questioning until your attorney arrives. Any words you state can impact your case, and you need an attorney present to help you avoid any self-incrimination.
For more information, contact a DWI attorney.
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