If you are pulled over after a few drinks..

[tayman]

This might help:

I just attended a seminar on DWIs. Here is some of the information that I learned. These are Texas laws, but I imagine these principles are generally applicable anywhere. I know many of you New Yorkers don't have to drive anymore, but in case you do happen to find yourself behind the wheel....

- If you ever find yourself in a situation where you have been pulled over on suspicion of DWI, NEVER EVER take the breath test. The breath tests are extremely unreliable and if you blow a result that is over the legal limit, it will be almost impossible to prove in court that you weren't legally intoxicated. The breath test alone is enough to convict you in court. Instead, you should say, "Officer, I am not intoxicated, but I have been advised by my lawyer that if I ever find myself in this situation, I should not take a breath test until my lawyer is present. However, I will offer to take a blood test right now." You should offer to take the blood test so that you don't look like you are refusing to cooperate with the officer at all costs. He will not give you a blood test in the field. However, he will tell you that if you do not take the breath test, your license will be automatically suspended. This is not true. While there is the possibility that your license will be suspended, you have the right to have the decision reviewed, and there is a good chance that your license will not be suspended at all. Furthermore, even if it is suspended, you may still have a right to a commercial driver's license. Instead, if you take the test and fail, there is a 90-day minimum suspension of your license, plus the chance of a DWI conviction.

- The officer will ask you to take field sobriety tests. In Harris County, this usually includes an eye gaze test, a one-leg stand test, and a walk and turn test. It may also include a test where they ask you to tilt your head back and estimate 30 seconds and "grade" you based upon how close you come to 30 seconds. These tests are easy to fail, even if you are sober. Therefore, you should NOT do the field sobriety tests unless you're absolutely positive that you'll do well (and for most people this means NEVER). Instead, you should say, "Officer, I'm not intoxicated, but I've been advised by my lawyer that if I ever find myself in this situation, I am not to do any field sobriety tests."

- If you refuse to take the breath test and the field tests, you WILL be arrested. However, you will have a much better chance of not getting a DWI conviction. You may lose the battle, but you will probably win the war.

- If you are stopped, don't lie to the officer about where you've been and whether you've had anything to drink, because your statements are admissible in court. However, you should not confess everything (i.e. how much you've had to drink). Once you are at the station and the officer has read you your rights, Miranda applies, so you shouldn't answer any other questions.

- NEVER get in a car with an alcoholic beverage - open or unopened. Having an open container anywhere in the passenger compartment of the car is an automatic violation. Furthermore, even a closed container anywhere in the passenger compartment of the car can get you in trouble. This is true even if there are other passengers in the car and the passengers are the ones who have the alcohol. Cops are especially on the lookout for "gas-station purchases," i.e. single bottles of beer or 40s, etc., but you should make a habit of putting any alcohol that you buy in the trunk of your car. Furthermore, if you have had ANYTHING to drink at all, don't have any alcohol in the car - not even in the trunk.

- Driving under the influence with a child in the car (16 and under) automatically bumps up the violation to a felony. So always be careful about that.

- Finally, one interesting tidbit: Officers that patrol for DWIs (and apparently there are special units that patrol for this) are paid extra for "court time," i.e. their time for appearing in court or for waiting to testify in court. This can include sleeping time in-between trials, and therefore a cop who would ordinarily make $30K/year can make over $100K/year if he has a lot of court appearances. Because of this, DWI officers usually patrol in areas that are more affluent, i.e. where the people they stop and arrest are more likely to fight the conviction. So most Houston DWI officers patrol the Southwest areas of town (River Oaks, West U, Tanglewood, etc.). So be especially careful in these areas, and if you have had anything to drink, try to take back roads instead of major thoroughfares (San Felipe, Westheimer, etc.).