Criminal Defense Attorney Clarke Dummit discusses important information he wishes his clients knew before being stopped for a DWI in order to limit potential damages. Ideally, when stopped, everyone would remain polite, avoid making any incriminating statements, and request an attorney early in the process. Unfortunately, this is rarely the case. Most individuals cooperate with law enforcement, take field sobriety tests, and provide statements. These actions are voluntary, recorded by body cameras, and they rarely present the accused in a favorable light, which can have serious and negative repercussions in court. It’s important to note that there is a constitutional right not to incriminate oneself, which applies even when stopped for a DWI. However, this right is waived once the individual enters the breath testing room. Implied consent applies to the breathalyzer test administered in the breath room—not the initial tests conducted on-site. If a person refuses the breathalyzer in the breath room, the DMV will administratively suspend their driver’s license for one year, in addition to any criminal consequences stemming from the DWI.

So, should you take the breathalyzer? If you are confident that you are under the legal limit, the answer is yes. However, if you believe you are over the limit, your decision should consider whether you possess a valid driver’s license and whether you have previous DWI convictions. Additionally, it’s crucial to remember that law enforcement can obtain a search warrant for a blood test, which you cannot refuse. If they do obtain a search warrant, not only would this lead to administrative revocation of your license because of your refusal, but you would still have to contend with the evidence gathered against you in court. As you can see, DWIs are complex situations that no one plans for. Understanding how the facts apply to your situation is essential.