MINIMIZING YOUR RISK OF BEING CONVICTED OF DUI/DWI

When questioned for DUI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI / DWI investigation, either before or after arrest, then there won't be any statements that can be used against you in court.

Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises.

If you are older than 21, refuse to take a preliminary alcohol screening test. This on scene breath test is completely voluntary and you have the absolute right to refuse this type of breath test.

When given a choice of a blood or breath test after arrest, choose the breath test if at all possible. It is more unreliable than blood.

If no breath test is available, choose a blood test. While you can refuse a chemical test, the DMV penalties are greater for refusing.

Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.

Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.

Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

Make a detailed list of all the events before being stopped up to and including being released from custody.

Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.