1. Speeding or Breaking Some Other Traffic Law
Most drivers who are arrested for DWI are not pulled over because they’re driving like they’re drunk. Most people are pulled over for speeding or other traffic violation. Once the officer pulls them over and starts talking to the driver, he expands the stop investigate the driver for DWI. Follow all traffic laws and if you don’t feel like paying attention to your speed, use your cruise control.
2. Driving at 2:00 AM on Friday or Saturday Night
Most DWI arrests happen on Friday or Saturday nights, because people are more likely to go out on those nights. The police know this, so they are out in force, looking for people to arrest for DWI. They are even more alert around 2:00 AM because that’s when the bars start kicking people out who have been drinking. It’s surprising how many DWI police reports begin with, “I was on DWI patrol at 2:06AM…”
3. Admitting to Drinking or Using Drugs (even prescription drugs)
If an officer thinks you may be intoxicated, he will usually ask if you’ve had anything to drink. If you have had anything to drink, it seems like you’re only options are admit to drinking (which is bad) or lie (which is also bad). You don’t want to admit to drinking, because that’s more information that the cop can use against you, but you also don’t want to lie, because if you later admit to drinking or if a blood or breath tests shows that you have alcohol in your system, then you seem like a liar. You should refuse to answer this question. You have the right to remain silent and the right to an attorney. You should use both rights. If an officer starts asking about alcohol or drug use, tell the officer you are not answering any more questions, demand to speak with an attorney, then stop talking.
4. Admitting to Coming From a Bar or Party
The officer will likely ask where’re you’re coming from. If you’re coming from a bar, the officer is going to assume that you were drinking there and may start investigating you for DWI. Again, stop answering questions, demand an attorney, and stop talking.
5. Performing Field Sobriety Tests
If you get to a point where the officer is asking you to perform field sobriety tests, that’s not good. There are two possibilities, the officer already has enough information to arrest you for DWI and he’s trying to improve the case against you, or he doesn’t have enough information to arrest you for DWI and wants to you to perform the Field Sobriety Tests to see if that gives him enough information to arrest you. Under either circumstance, you should not do the field sobriety tests.