Step 1 • The Traffic Stop

Most DWI arrests happen as a result of a traffic stop. The officer makes a traffic stop for what begins as a simple traffic violation. When he approaches the driver to ask for the Driver’s License, the officer claims that he notices a smell of alcohol, red eyes and other potential signs of intoxication and he begins the DWI investigation

You will be recorded

What you should expect

  • Officer will have video camera on his vehicle and body

What you should do

  • Act as if you are being recorded
  • Be polite
  • Do not get out of your vehicle unless otherwise instructed
  • Wait for officer’s instructions

Traffic stops are very dangerous for police officers and they are always on high alert when conducting a traffic stop.

You will need to identify yourself

What you should expect

  • Officer will ask you for your Driver’s License and insurance

What you should do

  • Give the officer your Driver’s License and insurance
  • Give the officer your correct name and date of birth if you do not have your Driver’s License
  • Ask the officer why you were pulled over (politely)

The reason the officer gives for pulling you over may be useful in defending your case

You will be questioned

What you should expect

In a very casual way, the officer will

  • Ask you where are you coming from and where are you going
  • Ask if you were drinking, and if you say yes, how many drinks you had
  • Ask you what time did you have your last drink and when you ate

The officer's intention will almost always be to pretend that he has your best interest in mind, and to get you comfortable, to trust him and to give him all the information he needs to continue his investigation. 

What you should do

  • DO NOT be fooled by the officer's pretentious good intentions. He will use everything you say against you.
  • DO NOT answer his questions. The moment you start answering his questions, he will begin building a case against you. 
  • Tell him (politely) that you refuse to answer any questions. 

Only answer questions to establish your identity. Any other questions you answer can and will be used against you

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.