If you’re stopped for DWI or DUI, it’s too late to lower your blood alcohol concentration (BAC). And if it’s at an illegal level, the officer will arrest you. Call a defense attorney right away to protect your rights. Preferably one who specializes in DWI defense.

You want to avoid being stopped for DWI.

             Overview

I.    Your BAC

II.   When Stopped for DWI

III.  In-car Sobriety Test

IV.   Field Sobriety Test

V.    Portable Breath Test

VI.   Police Station Breath Test

VII.  Recording Police

VIII. Conclusion

IX.    Popular Resources

I. Your BAC

So the first order of business is to keep your BAC at safely low limits. This reduces the risk of DUI or DWI arrest. It also reduces the risk of crashes.

The risk that police will stop you increases after midnight, on weekends, and on holidays.

But having a legal BAC doesn’t entirely prevent such arrests. That’s because police in many states can arrest drivers for impaired driving even when they have legal BACs.

The risk of being stopped for DWI increases as the actual BAC is nearer and nearer the illegal limit. This is because breath testers often generate false readings. If you’re close to the limit, an false reading could push you over the limit.

Breath testers don’t actually measure BAC. That requires analysis of a sample of the driver’s blood. Instead, the devices only indirectly estimate it. And many, many things can cause an erroneous estimate. Learn more at Accuracy of Breath Testers.

Standard Drinks

It’s important to keep your BAC well below the illegal level. Don’t let an inaccurate breath tester estimate unfairly nail you. 

Standard drinks all have 0.6 ounce of pure alcohol. So standard drinks of beer, wine or distilled spirits (liquor) are equal. That is, each has the same amount of actual alcohol. A drink is a drink!

Pace your standard drinks to no more of one per hour. Eat plenty of food while drinking. And alternate alcoholic with non-alcoholic drinks.

And consider buying a personal alcohol breath tester. But remember that it will be an estimate of your real BAC. So it’s wise to keep your BAC below its estimate. Learn more practical ways to keep a low BAC.

II. When Stopped for DWI or DUI

When you see the blinking lights and siren of a police car, put on your directional signal. Then drive your car safely well off the roadway onto the shoulder. If you’re a woman and it’s dark, you can put on your hazard (blinking) lights. Then slowly drive to a well-lighted area.

In any case, stop your engine and stay inside the vehicle. If it’s dark, you might turn on your dome light. Then roll down your window and keep both hands on the steering wheel. You want the officer to realize that you’re not a threat.

The officer will ask for your license, registration, and proof of insurance. Make no sudden moves. If your registration and insurance cards are in the glove box, tell the the officer that. Ask for permission to open it. If your license is in your purse, tell the officer that before you reach for it.

Drivers must produce their driving license, vehicle registration, and proof of insurance when requested. You should do so politely and with respectful deference. “Here they are, officer.”

Remain Silent

Defense attorneys strongly urge people not to provide any additional information. Watch Never Talk to the Police: Here’s Why.

Dale Carson is a former police officer and FBI agent. He’s now a defense attorney and author of Arrest-Proof Yourself. He suggests printing a card with the following or similar statement to hand to the officer.

Officer, I’d like to answer your questions, but my attorneys told me that I should not say anything unless one of them is present.

What if the officer asks who your lawyer is? Simply say that you can’t answer that without your lawyer with you.

Officer who pull you over think you are probably impaired. So they’re conducting a criminal investigation. Police can legally lie to you during such an investigation. The effort is to get enough evidence to arrest you. Remember, if the officer had all the evidence needed, there would be no questions.

That’s precisely why defense lawyers say to politely provide the needed documents. Then answer no questions. Presenting the card above is much easier and safer than talking. It’s all too easy to get nervous and say the wrong thing.

These may interest you.

• • 14 Tips to Avoid a DWI or DUI Conviction.
  • Never Take a Field Sobriety Test Say Lawyers.
  • How Long Does Alcohol Stay in Your Body?
  • Failed Field Sobriety Test Happens to Sober Drivers Often.
  • DWI and DUI Facts and Fiction: Urban Myths.

III. In-car Sobriety Test

If you’re stopped for DWI, the officer may want to test you while you’re still in the car. The person may ask you to count backward. To say the alphabet from perhaps J to Q. Or to touch each finger to your thumb on the same hand, in sequence, while counting.

Most people who are stopped for DWI are nervous and possible upset. It is often difficult for completely sober people to be able to perform such tasks perfectly. But failure to do so will be used against you!

You aren’t required to take such tests, no matter what the officer may say or promise. You have nothing to gain but much to lose. Therefore, most lawyers would urge you to respectfully and politely refuse. 

IV. Field Sobriety Test

The officer will almost certainly ask you to take a field sobriety test. Police developed such tests to make it easier to get convictions. The test typically has three parts.

1. One-leg Stand Test. The suspect (that’s you) is told to stand on one leg while counting from one thousand.

2. Walk a Straight Line Test. The suspect walks heel-to-toe a specific number of steps and then reverses the procedure. However, the suspect must do the turn in a very specific way.

3 Horizontal Gaze Nystagmus Test. The suspect follows a light or object with their eyes.

Again, you aren’t required to take the test or any part of it. In fact, no state requires you to take a field sobriety test. And that’s regardless of what the officer may say or threaten. Investigating a possible DUI is a criminal investigation. Remember, courts permit officers to lie to you.

You have nothing to gain but much to lose. Therefore, most lawyers would urge you to respectfully refuse.

Many Sober People Fail Test

A major problem with the test is that it’s hard for many completely sober people to pass it. Researchers report that 30% of sober volunteers fail the test. That’s under ideal conditions. Within a well-lighted room. They’re not nervous. And they don’t fear being arrested. They have no blinking lights, cars rushing past, uneven surface, anxiety, and so on. Yet almost one-third fail to pass. And they have a BAC of 0.000%.

Consider the One-leg Stand. It’s not a very good indicator of intoxication. But it’s a very good test of age. How long a person can stand on one leg is very good indicator of their age. It’s also helpful in helping diagnose any of a number of physical or neurological problems.

The Walk a Straight Line test is also easy for completely sober people to fail. It’s much, much harder for suspects to pass. They’re usually very nervous and often fail to walk the correct number of steps. That results in a failure. Or they fail to walk in a straight enough line. That means failure. It’s usually an invisible or imaginary line. So whether or not the suspect fails or not is very subjective. And the person doing the deciding assumes you’re guilty!

Horizontal Gaze Nystagmus Test is also highly subjective. The officer has to estimate the number of degrees that the eyes can follow the object. There is no instrument provided. So it’s really only an estimate by someone who thinks you’re guilty.

Test is Subjective

The whole field sobriety test is highly subjective and unreliable. For example, researchers have studied officers trained in giving the test. The officers viewed and graded the same person taking the same test. Yet they widely disagreed about the score. So you can pass with one officer but fail with another. It’s the luck of the draw.

The field sobriety test lacks validity – it’s invalid. That is, it doesn’t accurately measure intoxication. And that’s why lawyers say you shouldn’t take it. You simply politely but firmly decline, even if you’re totally sober.

Bias Against Your Innocence

The officer suspects you’re guilty or wouldn’t have pulled you over in the first place. So there’s a heavy bias against you. Even the most conscientious officer will have a strong bias.

If you fail, the officer may arrest you even if you’re a completely sober alcohol abstainer. And that arrest record may follow you for the rest of your life. It could keep you out of some occupations. And many employers will not hire anyone with an arrest. Even if completely innocent, that arrest can plague you forever.

V. Portable Alcohol Breath Test

Officers often carry fairly inaccurate hand-held alcohol breath testers. They may  ask you to blow into one of these devices.

These tests are used to try to help argue that you’re impaired. This would also help justify your being stopped for DUI. For arresting you. For taking you to the police station. And for demanding that you submit to another alcohol breath test.ordinarily

However, you are not required generally to submit to this test. Lawyers would ordinarily suggest you not take it. 

VI. Police Station Breath Test

Now for the bad news. You are legally required to take the alcohol breath estimator machine at the police station. You may refuse to do so. However, there will be a penalty for not giving up your Constitutional right against self-incrimination. Ordinarily, it’s a license suspension for a specific amount of time. And the penalty is longer if you don’t take the test.

But the inaccuracy of breath testers is a threat to law-abiding drivers. This is why it’s important to have a lawyer who specializes in DWI cases. A lawyer who understands their weaknesses.

There are good ways to virtually eliminate an unfair conviction for DWI or DUI. One is to choose not to drink. Another is to pace the rate of drinking and follow other tips for maintaining a low BAC. A third is to have a designated driver. If you either don’t drink or use a designated driver, you never have to worry about the inaccuracy of breathalyzers.

Learn more at Inaccuracy of Breath Testers.

VII. Recording Police

Video Recording

The First Amendment of the U.S. Constitution protects the right to record police on duty in any public space. The U.S. Justice Department and federal courts state that right. Also, police may not erase or destroy footage.

Most officers know that you can legally videotape them in public. The only exception is if you’re interfering with their work. For example, getting so close to an arrest that you interfere with the arrest itself. 

They may not like that you’re videoing them when they pull you over. They may even falsely say it’s illegal. But it’s perfectly legal throughout the entire US.

See an officer who threatened to harm a news photographer. Here’s the video. In another case, an officer pointed his gun at an NBC photographer.

Sometimes officers don’t say not to film. Instead they simply assault videographers. In this case, two girls, age 14 and 17.

Police Might Not Follow the Law

The day after Baltimore Police were ordered to let the public video their activities. The day day after that, officers attacked a photographer. In a separate incident, they attacked another newspaper photographer. It’s is an example of police failing to follow both the law about videoing.

Denver police handcuffed a newspaper editor who was videoing an arrest from a substantial distance. The officer falsely told her that videoing them was illegal.  

A California officer attacked a man videoing the officer from his front porch. The officer has a history of abuse and falsifying police reports. Yet he remains on the force.

In Florida, deputies assault a man and woman for filming an arrest. Also in Florida, a federal officer snatched a recording phone from a woman. He claimed that the phone could be used as a weapon.

A security guard in California shot a woman videoing a synagogue from the sidewalk. She was taken to a hospital for the gunshot wound.

Own Video Important

Having your own video is important. That’s because police video can be edited. See more here and here. And also here.

Some police have been guilty of trying to erase videos of themselves. That’s clearly illegal. A U.S. Federal Marshal even violently tried to destroy a phone that was videoing the Marshals’ activities in public!  

Other police tried to destroy the phone of an undercover cop they mistakingly beat up. It contained a video of the assault.

Amazingly, the police in Point Pleasant Beach, New Jersey, insisted that it was illegal to video anything anywhere in town. Of course, they were wrong.

Not only is videotaping officers legal, it’s probably also wise.  After all, videos don’t lie.

Dash Cams

A dash cam might have spared this woman much, much grief. She was sober but arrested for DUI after a deputy at fault crashed into her car.

A driver’s traffic ticket dismissed because of dash cam.  And another.

Avoiding a single ticket can more than pay the cost of a dash cam. That’s in addition to avoiding points on your driving license. It might also prove that you did not cause a crash. This, in turn, could prevent an increase in insurance premiums.

Also, a dash cam can help you monitor your teen’s driving.

Audio Recording

Many lawyers suggest that you make an audio recording of your interaction with the officer. This can help prove if police violated any of your rights. Some suggest that the officer not be aware of the recording. Others suggest that officers are more likely to do their job properly if they know they’re being recorded.

Watch this video about a sober driver who refused taking a field sobriety test. He secretly audio recorded his interaction with the officer who arrested him for his refusal. The driver accepted a $70,000 settlement from the city.

IX. Summary

You’re stopped for DWI. Actually for suspicion of DWI. If you don’t know your rights during a police stop, there is good reason to be afraid. Police have enormous power. They are allowed to lie to you. And they’re trained on how to get your consent to test you. This is to help them get you convicted.

It’s a good idea to visit the websites of some DWI defense lawyers in your town. This can help you learn more specifics that might pertain to you. You might also email the lawyers for clarification.

If you don’t know your rights, you can’t protect them. And you suffer the the consequences.

Alcohol Breath Test Estimators

Alcohol breath tests are really only alcohol breath estimators. The only true test of blood alcohol concentration (BAC) uses blood itself. Learn more about some of the the many shortcomings of breath testers. Your lawyer may be able to show that the breath tester was inaccurate.

Use Specialist Lawyer

If you’re stopped for DWI and need an attorney, you should select one who specializes in DWI cases.

You wouldn’t let your family doctor do brain surgery on you or a loved one. It’s best in both medicine and law to use a specialist.

Of course, the best way to avoid an unjust conviction is to keep your BAC at either zero or well below the legal limit.

IX. Popular Resources (Stopped for DWI or DUI)

Video

• • DUI: Choices and Consequences.

Readings

• • DUI: How to Avoid a Drunk Driving Arrest and Conviction. 
  • How to Beat a DUI.
  • DUI: How to Avoid Arrest.
  • 101 Ways to Avoid a Drunk Driving Conviction.
  • DUI Bible: Avoiding a Drunk Driving Conviction.
  • The Complete DUI Avoidance Lesson Plan.
  • Rights During a Police Stop for DUI.
  • Police Encounters. Know Your Rights.
  • Stopped by Police. Know Your Rights.
  • Criminal Law Handbook. Know Your Rights and Survive the System.
  • I’ve Gotten a DWI/DUI, Now What?
  • The Drinker’s Guide to Driving.
  • Stop Your Teen from Drinking & Driving.
  • The DUI Book: a Citizen’s Guide to Understanding DUI-DWI Litigation in America.
  • Dude, What are My Rights? The Self-Help Legal Survival Guide Ages 18-25.
  • Officer’s DUI Handbook.
  • DUI Law for Drivers: How to Avoid DUI Arrests and How to Handle a DUI Stop.
  • What You Need to Know About the Legal Matters of DUI..

Note

• • “It’s Perfectly Legal To Film The Cops” image from article of same title in Huffington Post. Used by permission.