Experienced DWI Defense
If you are pulled over for suspicion of DWI (driving while intoxicated), you have rights.
If you are stopped
- Pull your vehicle over to the side of the road in an appropriate place to stop.
- Provide the officer with your license and registration.
- Cooperate with the office if he/she asks you to exit the vehicle to get away from the road and/or traffic.
- You are not required to perform any pre-exit tests (ABCs, counting backward, touching finger to nose, etc.).
- Do not consent to anything.
- Do not blow into anything, answer any questions, or perform any field sobriety tests.
** Understand that refusing to do tests may result in the officer arresting you. Any refusal of a breath test at the station will result in an automatic suspension of your driver's license for 12 months and you won't be eligible for a driving privilege for at least 6 months. All of these decisions have significant consequences and you need to understand your options. Call Jamie Vavonese and Vavonese Law Firm, PC to discuss your case.
Refuse to take standardized field sobriety tests
The National Highway Traffic Safety Administration (NHTSA) designed these tests and they are commonly used to gather evidence of a crime.
There are 3 standardized tests:
- The horizontal gaze nystagmus test (this is an eye test, often referred to as HGN).
- The walk and turn (heel-to-toe)
- The one-leg stand test
Any other nonstandardized tests that police sometimes offer (finger-to-nose, sway test, etc.) should also be refused.
Do not consent to search
Do not give consent to a search of anything! This includes:
- Your person
- Your house
- Your car
If a police officer searches your person or property regardless of your consent, do not try to stop them. Just continue to make it crystal clear that you are not consenting.
Refuse a portable breathalyzer (PBT)
If you are asked to blow into a portable alcohol screening device – Refuse! Refusing this test could become the difference between guilty and not guilty for you.