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What to do if you are stopped for DWI

WHAT T O DO DWI IF YOU ARE STOPPED FOR First things first: please do not drink and drive. If you are pulled over for a DWI, remember this in- formation- it could save you loads of trauma and financial burden in the future. I. Pull over safely, and use your turn signal. Then, stay in the car. Stay relaxed, and avoid suspicious behavior like concealing objects or disposing items. Also, be polite - don't give the officer a reason to search you. 2. Do not self-incriminate Avoid talking too much - you can risk incriminating yourself. Do not lie, either. When in doubt, stay silent or honest. IF AN OFFICER ASKS HOW MUCH YOU HAD TO DRINK: You can politely decline to answer the question, but remember that this may increase the officer's suspicion. 3. You can refuse searches If you are stopped and the police officer asks to search my car, you can refuse. The Fourth Amendment protects your right to privacy, unlawful search, and seizures (however, there are instances when an officer may still search your vehicle without your consent). 4. To Blow or Not To Blow? These are a battery of tests to determine your im- pairment, which include the one-leg stand, walk and turn, HGN (“follow the pen" test) and the portable breathalyzer. Any mistake you make in performing these tests can be used as evi- dence of your impairment. Remember, you are within your rights to politely refuse all of these tests. The numeric results of the portable breathalyzer are not admissible in court. 5. Hire an attorney You need an experienced and compassion- ate DWI lawyer who will fight for you with unmatched quality. A good criminal defense attorney can see issues in your case that may not be as evi- dent to the untrained eye - which could in- evitably be the difference between guilt and innocence. Absent any issues, an attorney can craft a plea bargain that best suits your needs, therefore avoiding jail time, super- vised probation, or unnecessary convictions. A FEW BASIC STATS a standard drink is defined as: 12 oz beer 5 oz wine 1.5 oz of liquor about 12 OZ 5 0z one third of drivers arrested or convicted for DUI are repeat offenders 1.5 OZ I,I00,000 I.I million Americans arrested for DWI in 2014 27 Americans die each day from drunk driving accidents 100 9,967 Americans died in drunk driving accidents in 2014 Sources and more information: Federal Bureau of Investigation, "Crime in the United States: 2014." https://www.fbi.gov/about-us/cjis/u- cr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/table-29 National Highway Traffic Safety Administration. "Traffic Safety Facts 2014: Alcohol-Impaired Driving." Wash- ington DC: National Highway Traffic Safety Administration, 2016. http://www-nrd.nhtsa.dot.gov/- Pubs/812231.pdf Michigan State University. "Basic Alcohol Information." East Lansing, MI: Michigan State University, 2003. National Highway Traffic Safety Administration. "Alcohol Screening and Brief Intervention in the Medical Setting." DOT HS 809 467. Washington, DC: National Highway Traffic Safety Administration, July 2002. Fell, Jim. "Repeat DWI Offenders in the United States." Washington, DC: National Department of Transporta- tion, National Highway Traffic Safety Administration Traffic Tech No. 85, February 1995. The materials available on this website are for informational purposes only and not for the purpose of pro- viding legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. copyright 2016 www.TuortoLaw.com T TUORT O LAW D)

What to do if you are stopped for DWI

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You should never drink and drive. It is easy to form a back-up plan - have a designated driver or pay for a taxi. If you are ever pulled over and suspected of a DWI, remember this information - it co...

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