What Should I Do If I’m Pulled Over for Suspicion of a DWI?
You’re on the way home after having a few drinks with friends when you see the sudden flicker of police lights in your rear-view mirror. What do you do now? Follow these steps to protect your rights during a DWI stop.
Stay Calm and Pull Over Safely
First and most importantly, stay calm. Start slowing down your vehicle and look for the nearest safe place to pull over, such as a stretch of road with a wide shoulder or a nearby parking lot. However, do not travel too far looking for the perfect place to pull over, as the officer may become worried about you attempting to flee. Remember to keep your hands visible on the steering wheel during the traffic stop until the officer asks you for documentation. Before reaching for your license, registration, or insurance, tell the officer where you have your documents, and avoid making any sudden movements.
Know Your Rights
During a DWI stop, remember your rights as a suspect. You have the right to remain silent, which means you do not have to answer the officer’s investigatory questions, such as “Where are you coming from?” or “Have you had anything to drink?” Instead, politely decline to answer questions and provide your license, registration, and insurance when requested.
Understand Field Sobriety Tests
The officer may ask you to step out of your vehicle and perform field sobriety tests. Although you must exit your vehicle when ordered, you have the right to decline to perform field sobriety tests, even though the officer may make their request sound like an order. However, when an officer asks you to perform field sobriety tests, they probably already suspect you of DWI. Even if you refuse a field sobriety test, the officer may still arrest you. When the officer arrests you and asks you to perform a breathalyzer test at the police station, Missouri’s implied consent law requires you to submit to testing or face administrative penalties, such as a driver’s license suspension.
Avoid Incriminating Statements
During a traffic stop or after an arrest, avoid making incriminating statements. Although you may believe you can talk your way out of a traffic stop or arrest, police and prosecutors can use anything you say during a subsequent DWI prosecution. Furthermore, do not discuss your case with anyone other than your legal counsel.
Request to Speak to an Attorney
Finally, when the police arrest you for DWI, you should ask to consult an attorney as soon as possible. You have the right to speak to a lawyer before the police may question you about your charges and to have your lawyer present during questioning if you agree to speak to the police.
Contact a DWI Defense Lawyer Today
The consequences of a DWI conviction in Missouri can be severe, threatening your finances, your reputation, and even your freedom. Don’t face these charges alone. Instead, contact The O’Rourke Law Firm today for a confidential consultation with an experienced DWI defense attorney to discuss your legal options for pursuing a favorable resolution to your case.