One of the most common questions I receive as a criminal defense lawyer is, "what should I do if I have been drinking and I am pulled over by the police?" I always tell people that this is a complicated question because each case can have different fact situations. However, there is some helpful advice I can give that may help you if you find yourself in this situation. Listed below are the top 3 things I believe may help you if you find yourself in a situation where you have been drinking and you are pulled over by the police.

1. Make sure you always know where your driver license, insurance card, and vehicle registration are. Have these easily accessible when the officer comes up to the side of your car. The reason for this is because you want to keep the conversation between you and the officer to a minimum and you don't want the officer poking his head in your window while you are fumbling around for this information.
2. If the officer asks you to step out of the car and take the field sobriety tests, just remember that you are under no legal obligation to take the field sobriety tests. Don't kid yourself, if you have had a lot to drink you will fail the field tests. Because you are under no legal obligation to take these tests you should just politely respond to the officer that you do not wish to take any of the tests and that you would like to speak to your lawyer.
3. Similarly, you are under no legal obligation to blow into the portable breath test device carried by officers on the road. The portable breath test is the hand held breath test that officers carry with them in their police cars. Because of both their unreliability and their use as evidence against a driver accused of DWI, our advice is to NEVER blow into this handheld device when stopped and investigated for DWI, despite any threats the officer may make. Instead, politely respond, "I want to talk to my lawyer."

This should not be taken as legal advice, but is merely the opinion of this lawyer. Kolker & Germeroth does not condone drinking and driving, however if you are charged with a DWI you should contact an attorney at our law firm to discuss your case.