Pulled Over For A DWI? Here Is What You Need To Know! (2022)

Описание: What You Should Do During A DWI Traffic Stop – Protect Yourself!

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You have a few drinks with friends at dinner. You fail to use your turn signal and now you are being pulled over – how do you handle yourself??
1. Traffic Stop

a. If a police officer is pulling you over for suspicion of DWI, they are likely looking for a traffic violation to pull you over and then they will be looking for everything you do as a sign of intox
i. For example, if the officer is being rude to you and you respond with any attitude or frustration, the officer will write down that your attitude was a sign of intoxication
ii. As a result, have your DL and insurance ready and be very respectful.

b. It is not a crime to drink and drive, only to be intoxicated. However, if the officer can have you admit you have been drinking, they will overwhelming look for a reason to arrest you for DWI.
i. Be careful what you say! Only provide information that is absolutely necessary
ii. You can be compliant and nice without explaining everything to the officer
iii. Everything you say can be crafted as a means to arrest you

2. Encounter w/DWI officer

a. Officer asks you to get out of the car – he is watching how you get out, your balance, your speech, your attitude. Common examples of signs of intox the officer is looking for are: SOAB, slurred speech, unsteady on feet, bloodshot/watery eyes, confused responses, etc.

3. Field Sobriety Testing
a. If the PO gets you out of the car, he will be asking you to perform Field Sobriety Tests
b. First, you don’t have to do them.
i. However, if you don’t, they will arrest you!
ii. If you do perform them
1. Tell them if you have bad knees, foot problems
2. Balance problems
3. Overweight makes you have balance issues
4. Explain everything that might make you feel uncomfortable
5. Explain how nervous you are…so much you are shaking
6. If they don’t give clear instructions, make the officer explain again!

4. Arrest and Blood or Breath Testing
a. Consent or not to Consent?
i. If you consent, they get the blood draw quicker and can argue it is more reliable because it is closer in time to the driving. However, it will result in a less time of driver’s license suspension – only 90 days instead of 180
b. If you do not consent
i. They will have to get a warrant – this can take hours
ii. Explain extrapolation
iii. The only penalty for not consenting is a longer DL suspension

5. Does it matter if you are drunk or not?

a. NOT DRUNK 100% - ask to take a PBT right there on the side of the road
i. Can’t be used in court but would immediately show the officer you are innocent
b. Had a few drinks
i. Be careful because the officer will likely label you intoxicated for anything they see the don’t like.
ii. Remember, you can’t change the police officer’s opinion about you but you can limit how much material they receive from you to manipulate in a police report to appear that you were intoxicated.

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00:00 What Should You Do During A DWI Traffic Stop?
01:22 DWI Traffic Stop
04:28 Encounter With The Officer
05:48 Field Sobriety Tests
06:00 What If You Don’t Do The Sobriety Tests?
06:25 What To Do If You Want To Do The Sobriety Tests?
09:30 What If The Officer Arrests You And Wants You To Do Blood/Breath Test?
09:44 Should You Consent To Breath/Blood Test?
10:22 What Happens If You Don’t Consent To Breath/Blood Test?
11:45 What's The Penalty For Refusing To Give Consent?
12:02 What Should You Do If You Are/Aren't Drunk?