A DWI Lawyer's Most Frequently Asked Question

Ouch. That's gonna leave a mark.

When people find out that I am a DWI attorney, I am inevitably asked the question, "What should I do if I am pulled over and I have been drinking?" My typical response usually begins with, "Well, this is what you should not do." What you should not do is drink and drive at all, but that is totally unrealistic and I don't bother admonishing people. Unfortunately, almost everybody at some point in their life consumes alcohol and gets behind the wheel of a car.

With that said, here are a few things I suggest you do if you have been pulled over after drinking alcohol. First, keep your cool and tell yourself "I have my rights!", which is much easier said than done. Second, when you are asked the question, "Do you know why I stopped you?", say no. If the cop asks if you have been drinking, say no. (Remember, Just Say No!) "But wait," you say. "What if I have been drinking, are you telling me to lie?" Yes I am. Believe it or not, the Constitution of the United States is telling you to lie as well. As American citizens, we have the right not to incriminate ourselves when we are interacting with law enforcement. And if a cop tells you things will be easier on you if you admit to having consumed alcohol, he or she is lying to you. Once you admit to having consumed alcohol, a cop really has no choice but to request that you step out of the car and perform the Field Sobriety Tests and possibly blow into an alcohol sensor device.

Even if you have had nothing to drink at all, I suggest you refuse to perform the Field Sobriety Tests. The truth is, the walk and turn test, one leg stand test, finger to nose test, etc., are designed so that even sober people will not pass them. In New York, there are no legal ramifications for refusing to perform the Field Sobriety Tests.

I also suggest you refuse to perform the roadside alcohol sensor test. The cop may ask you to blow into a box with a tube. Keep in mind, the results of this test are different from the breathalyzer you may be asked to blow into at a police station. This test, given in the field, is used only to detect the presence of alcohol in your blood, not to measure your Blood Alcohol Content (BAC). Refusing to perform this test will result in a citation, but it is merely a violation akin to a traffic ticket.

Finally, if you are arrested you will be taken to a police station where you will be instructed to blow into a breath testing machine. This test is the biggie. If your BAC registers in excess of the legal limit, the results of this test are used as direct evidence against you. If you refuse to do this test, your license will be revoked. This is where my suggestions end. Obviously, without the results of this test, it will be hard to convict you, but not driving for a year may be more costly to you than a DWI conviction.

If you are facing DWI charges it is very important that you consult an experienced DWI attorney.


Please avoid driving if you have had too much to drink.