Absolutely never put yourself if this position. Drinking and driving is very dangerous and alcohol affects different people in different ways. There are at least a thousand different variables that affect how alcohol can make you feel and act. It’s best not to drink and drive at all. However, I get asked all the time what do I do if I get pulled over after having even one drink? This is my opinion but it think it is absolutely what a person should do if they have had any amount of alcohol and they are behind the wheel. Remember, it is legal to drink and drive, we are allowed in the State of Texas to drive if our Blood Alcohol level is less than .08.
#1. You have a right to remain silent, use it. All you are required to do in a DWI investigation is provide proper identification. Don’t volunteer any information, be POLITE and just refuse to answer any questions or participate in any tests. ***This is extremely difficult since police officers do not like being told no.
#2. Be polite and recognize that you are on audio and video recording at all times, even if the back of the police car.
#3. Never be physical, do not resist the police officer physically, be polite and just say “I do not consent.” One way is just simply say “im not intoxicated, am I required by law to take these test? Well since I am not I do not consent to taking any test or answering any more question. They might take you to jail but so what, these tests are hard, they are agility tests, and everything you say WILL be used against you. The police officer is not your friend. Also, there is a very good chance that you might not pass if you have not had anything to drink at all and people say dumb things when they are tired, nervous, scared, etc.
#4. Any question you answer is building a case against you. You will not talk yourself out of a DWI.
#5. Never consent to a blood or breath test. Never ever consent to any type of a search of your car or belongings no matter what. If they say that will get a warrant let them.
#6. If they tell you your license will be suspended if you don’t cooperate with their field sobriety or breath test who cares. It’s just temporary and you can get a temporary license while its suspended. Much better than a DWI this will never go off your record!
If you don’t talk, don’t participate in the tests, they have no evidence. Just remember police have a lot of power and do not like to be told no. They may keep you there for a long time, they my put you in the car, in hand cuffs, they may threaten you, they may arrest you. Be polite and do not say anything and do not volunteer to participate in any test what so ever without a warrant and you will be in the best possible position for your situation.
Its much easier just to not drink and drive.