Driving While Intoxicated is different from other alleged crimes because it lacks of any element of intent. When you commit a DWI, there is no consideration in the law that you weren’t meaning to drive under the influence or that you even thought you were under the influence. This makes DWI charges unique.
If you are pulled over by the police after drinking, regardless of how much or little you have drank, you stand a good chance of going jail.
Remember, it is solely in the officer’s discretion whether to take you to jail. If its night time and you’ve had a drink or two, the officer will more often than not arrest you on suspicion of driving while intoxicated, regardless of your actual level of intoxication.
First, DO NOT EVER GIVE A BREATH SAMPLE!!! The breath test machines used by the police are not reliable and are usually poorly maintained.
Second, never perform any other tests or exercises the officer wants you to do. By law, you must provide the officer your driver’s license. Beyond that you should say nothing except you want to speak to your lawyer.
Third, Don't consent to any searches of yourself or your vehicle.
The reality is that once you’ve been pulled over by the police and they smell any amount of alcohol on your breath, you are going to get put in handcuffs and taken to jail. Don’t give them any more ammunition to convict you.
Remember, you are constantly being taped so don’t argue or fight with the officer over your arrest.
If you have already been arrested for DWI, call to speak with an attorney.