When stopped, and before you are taken to the testing room downtown:

  • Remain polite,
  • Avoid making any incriminating statements,
  • Request an attorney as early in the process as possible.

Unfortunately, most individuals cooperate with law enforcement. They take field sobriety tests and provide statements. These actions are voluntary and recorded by body cameras. It’s important to note that they rarely present the accused in a favorable light, which can have serious and negative repercussions in court.

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. The DMV will administratively suspend the driver’s license of someone who refuses a breathalyzer in the breath room 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, you 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.