Criminal Defense Attorney Clarke Dummit discusses all the things he wishes his clients to know before being stopped for a DWI to limit the damages. Ideally, everyone stopped would be polite, say nothing incriminating, and ask for an attorney early in the process. Unfortunately, this is rarely the case. Most people cooperate with law enforcement, take field sobriety tests, and give statements. These are voluntary, videoed by body camera, rarely flattering, and then the accused has to deal with them in court. There is a constitutional right not to incriminate oneself, this applies when stopped for a DWI. However, it ceases when the breath room is entered. There is implied consent when it comes to a breathalyzer, not the one given on the street, but the one given in the breath room. If this test is refused, the DMV will take the accused’s license administratively for 1 year, that’s in addition to any criminal consequences for the DWI. So, should you take the breathalyzer? If you’re certain you’re under the limit, yes. However, if you’re over the limit, it depends on whether you’ve got a valid driver’s license and whether you have a prior DWI. And remember, law enforcement could always go get a search warrant for a blood test, which you cannot refuse, and then you would have the administrative revocation and the evidence against you in court. As you can see, DWIs are complex, and no one ever plans on getting one. It’s better to know how the facts apply to your situation. If you have questions about what you should do in the event you’re stopped, give one of our Attorneys a call.