What Should I Say When Pulled Over For a DWI?

You will be required to provide your license and registration. You are not obligated to provide any details about your day. Ex: Where you are coming from, where you are going, what you have had to drink, how much you have had to drink, when you consumed that alcohol, what your last meal was, how often you drink, etc.

Often times the officer already smells the alcohol on your breath, and is only looking to build his case against you.

Most importantly, always be polite and courteous when you are pulled over, even if the officer isn’t being friendly toward you. If the officer asks you to step out of your car, you should comply.

You do not have to perform any standard field sobriety tests (Which you can read about in more detail here). You do not have to take any breath test at the scene or back at the station. You do not need to consent to a blood test. If the officer gets a warrant to take your blood, at this time, you can express that you do not consent to the blood sample being taken, but comply and allow the nurse/ phlebotomist to draw your blood.

Often times people feel they have to consent to road side tests, breath tests, or blood tests or else they will get into more trouble. That is not necessarily the case. How you refuse the officer’s tests and questioning can make all the difference. It is okay for you to politely tell the officer you do not feel comfortable with any balancing tests, you would prefer the officer get a warrant before drawing your blood, and you would like to speak to your attorney before answering any questions. The scenario would likely play out much differently if you have an attitude with the officer, try to leave the scene, or physically resist the officer when he is trying to place you under arrest.

Be polite, but know your rights!