Everyone dreads the sight of those blue lights in their rearview mirror. But if you have consumed one or more alcoholic drinks, it’s an even scarier situation.
What you say and do in the first moments following a traffic stop for driving while intoxicated (DWI) can greatly affect the outcome of the event. Learn more about what to do and not do if you get stopped for DWI.
Remain polite and nonthreatening
Everyone has seen the videos of traffic stops that go tragically wrong and end with the suspect shot by police. Your main goal should be to survive the encounter, so respond civilly and don’t do anything to spook the law enforcement officer who stopped you.
Decline the roadside sobriety tests
There is no reason to contribute potential evidence against you to the prosecutor if you wind up arrested for drunk driving. These tests are notoriously subjective and can be challenging to perform under optimum conditions. Consider that you will be on the side of a road with traffic that might be passing at high speeds, often mere inches from you. You may be struggling to hear the deputy’s instructions or teetering on high heels as you attempt to walk an invisible straight line.
Even sober wearers of contact lenses can fail the horizontal gaze nystagmus (HGN) test if they happen to have their lenses in when attempting the test.
What happens if you refuse roadside sobriety tests?
You will likely be arrested for suspected drunk driving. Once at the station, you will be compelled to perform a chemical test for the presence of alcohol in your bloodstream and refusing that will automatically suspend your driver’s license.
You will have a chance to challenge the validity of the chemical test’s results as a part of your stalwart defense against the allegations of driving while intoxicated.
