What to Do if You Are Pulled Over for a DWI

Being pulled over for a suspected DWI (Driving While Intoxicated) can be stressful and intimidating. What you say and do in those moments can have a significant impact on what happens next. While every situation is different and laws vary by state, understanding your rights and responsibilities can help you navigate the encounter calmly and responsibly.

Pull Over Safely and Promptly

As soon as you notice police lights or hear a siren, signal and pull over to a safe location. Turn off your engine, lower your window, and keep your hands visible on the steering wheel. These actions show cooperation and help keep the situation calm.

Stay Calm and Be Polite

It’s natural to feel nervous, but remaining calm and respectful is essential. Avoid arguing or making sudden movements. Being polite does not mean you are admitting guilt; it helps prevent the situation from escalating.

Provide Required Documents

When asked, provide your driver’s license, registration, and proof of insurance. You are generally required to identify yourself and provide these documents upon request.

Be Careful with What You Say

You have the right to remain silent beyond providing basic identifying information. You do not have to answer questions about where you’ve been or whether you’ve been drinking. If you choose not to answer, you can politely say something like, “I prefer not to answer any questions.”

Understand Field Sobriety Tests

Officers may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. In many states, these tests are voluntary. They are often subjective and may be used as evidence against you. You can politely decline, but be aware that refusal may not stop an arrest if the officer believes there is probable cause.

Know the Difference Between Breath Tests

• Preliminary Breath Test (PBT): Often given roadside and usually voluntary.
• Chemical Breath or Blood Test: Typically administered after arrest. Refusing this test may result in automatic penalties, such as license suspension, under implied consent laws.

Understanding your state’s implied consent laws is important, as refusal can carry serious consequences.

Do Not Resist Arrest

If you are arrested, do not resist or argue at the scene. Cooperate physically, even if you believe the arrest is unfair. You can always challenge the arrest later through the legal process.

Ask for an Attorney

If you are taken into custody, clearly state that you want to speak with an attorney and then remain silent. Do not discuss the incident with anyone else, including officers, until you have legal counsel.

Document What You Can

As soon as possible, write down everything you remember about the stop: the time, location, what was said, and what tests were administered. These details may be helpful to your attorney later.

Take the Situation Seriously

A DWI charge can have long-lasting consequences, including fines, license suspension, increased insurance rates, and possible jail time. Seeking legal advice promptly can help you understand your options and protect your rights.

Contact Our DWI Attorney Today!

If you or a loved one has been pulled over for a suspected DWI, you don’t have to face the situation alone. The experienced DWI attorneys at Crosby Legal PLLC understand how stressful and high-stakes these cases can be, and they are committed to protecting your rights every step of the way.

Don’t wait; early legal guidance can make a difference. Call us today to schedule a confidential consultation and get the experienced defense you deserve. Our DWI attorney proudly serves the Fort Bragg, Eastover, Hope Mills, Fayetteville, Spring Lake, and Cumberland County, NC areas.