Stopped for DWI, what should I do?  

You have pulled the black bean and the lights are shining in the review mirror . . .

Recognize, the police officer must have a reason for the stop.  Repeat: the officer must have some articulable reason to make the stop. Some basis to pull you over must exist.  They must have probably cause or believe a crime is in progress.  What could that be?  Many things.  A tail light is out.  The license plate illumination light is out.  The inspection or registration stickers are expired.  A brake light or turn-signal is out.  Or, you failed to signal a turn or lane change.  You might have been in the middle lane turning left and crossed over to the far lane while making the turn — improper lane change?  You are speeding.  You are going too slow.  You cross over and come back across a lane marker line.

These are things that happen all the time, every day as we drive to and fro.  The problem is — a reason exists for the stop.  By the way, all of this is being filmed from the the squad car’s dash mounted camera.  You are on candid camera. Although with the “normal use of mental and physical facilities” everyone in the course of driving makes an error from time to time. The probability of a stop is much higher, however,  by (a) location and (b) “prime time.”  By “location” we mean every city has a geographic area where the probability of being stopped is much higher than elsewhere.  In Dallas, Texas for example – lower Greenville Avenue.  You are in the red zone.  In Addison, Texas the red zone is that Belt Line Road area between Midway and Preston with emphasis on the Montfort/Beltline intersection (the  hot zone) .  Drive through this area late in the evening, you are being hunted.  The second factor is the time of day.   The probability of a stop is very much higher from 11:00 p.m. – 2:30 a.m. the next morning.

Officers know that this is the time of day where people are leaving the restaurants/bars to go home.  If they are going to catch their prey, this is prime hunting time.

The lights are flashing, you are being pulled over.   What to do?  Hopefully, you respectfully declined to do any road side tests.  Hopefully, you declined to blow into any machine – intoxilizer.  Officer, I would be happy to assist you in your investigation but I would like to talk to a lawyer about this first.”  We have put together a little outline of the scene as part of this discussion, but it is probably too late and, frankly, most people could not pull it off.  It is part of our culture to cooperate with police officials even when it hurts us.

DWI Criminal Defense an Outline

DWI Frequently Asked Questions