A CITIZEN'S GUIDE TO KNOWING THE DWI LAWS AND YOUR RIGHTS

INTRODUCTION:  IT CAN HAPPEN TO ANYONE!

It's 11:59 p.m., on Friday, and you're driving home from a business dinner with your employer.  The steak and potato dinner was enjoyable and you had two social cocktails there - the first just prior to dinner and the second immediately before leaving the restaurant.  You're sober, tired, and relaxed, as you started the day some eighteen hours earlier at 6:00 a.m.

 During the drive, you think back on the boss' instructions for Monday's assignment.  Simultaneously, you think about how the smoked filled dining room irritated your eyes.  Having no eye drops, you can't wait to quickly get home and remove your contact lenses.  Traffic is non-existent to light, so you drive a little faster than normal. 

 Strobing flashes of red and blue lights begin to reflect in your eyes from the rearview mirror.  You turn your head and shoulders to the right and look out the rear window to determine the source.  As you do, your car drifts ever so slightly onto the right shoulder stripe.  You focus, and discover it's a police car on your rear bumper - any closer and it would be in your trunk.

 Confusion takes hold within and you ask yourself:  "Does he want me to stop?" or "Does he want to go around me?"  Thirty seconds pass and it becomes obvious that the officer wants you to stop so you pull off to the right shoulder and park.  You nervously ask yourself:  "Am I going to get a speeding ticket?"

 The marked patrol car, emergency lights still flashing, pulls in directly behind your car and parks.  You see two uniformed officers in it.  The officer/driver exits his car, walks up to you and says:  "Sir, would you please step out of the car?"

 The shoulder of the road is grated away from the road for drainage.  Being parked on the slanted shoulder, you lean somewhat into the door to swing it open.  As you step out you see the other officer/passenger has also exited and has taken a position at the right rear of your automobile.  You also see two more officers in another patrol car pull in behind the first police car and park.

 The first officer purposefully stands directly in front of you -- about two feet from your face.   He requests your driver's license and proof of insurance.  You immediately produce your license but fumble somewhat in your wallet trying to find your insurance card.  Still nervous and concerned about the probable speeding citation and the possible citation for failure to show proof of insurance, you tell the officer:  "I believe it's in the car," and ask:  "May I look for it?"

 To your surprise the officer responds:  "Sir, have you been drinking?"  His voice and actions appear mechanical like the movie character Robocop.  Your earlier nervousness has now changed to fear and you think:  "Can he really suspect I'm intoxicated?"  Believing truth is the best policy, you say:  "Yes, I had two drinks at dinner".

 The third and fourth officers are now standing with the second officer.  They are all watching you and one even smiles in such a way that it appears he is enjoying your plight.  The first officer then directs you to step in their direction so that you can perform field sobriety exercises to prove you're not intoxicated.  He says he will first demonstrate the exercises and then you'll be given the opportunity to do them.  Fear increases within you and the butterflies in your stomach have now transformed into screaming eagles.

 Responding to the officer's statement you ask:  "Why?" and tell him:  "I'm not drunk!"  Sensing a challenge to his authority, officer Robocop's tone and attitude change from polite and mechanical to forceful and aggressive as he becomes a no-nonsense clone of General George Patton.

 Officer Patton tells you:

  "Sir, I believe you are intoxicated.  I stopped you because you were traveling 40 mph in a 35 mph zone.  I noticed you were slow to stop and that you wove out of your lane onto the shoulder stripe.  You also had difficulty getting out of your car and finding your proof of insurance.  Your eyes are bloodshot and glassy and you have a strong odor of alcohol on your breath."

He then says:  "Sir, are you going to do the exercises?" Being in this situation for the first time, two things come to mind.  First, "What happens if I don't?", knowing you are not a particularly coordinated person; and second, "Can I talk to a lawyer first?"  In both instances the officer states "No, if you don't do the exercises and if you refuse to participate until you speak to an attorney, you'll be arrested for suspicion of DWI and will be taken to police headquarters for a breath test and for video taping".

Questions begin to fire rapidly within you:  "Can this be happening to me?"  "Can they do this?"  "Are they treating me fair?"  "Can this be the United States of America?" "What are my rights?"  More importantly, "What should I do?"

Standing on the fact that you are not a criminal and that you are not drunk, and, relying on the principal that you, a citizen and a tax payer, should not be treated this way, you nervously tell the officer: "No!" Recalling the old cliché "I'm from the government and I'm here to help you" you go on to say "I'm not going to do or say anything until I can speak to an attorney."

Officer Patton, in a strict military voice then states:

 "Sir, you are under arrest for the offense of DWI.  Turn around and place your hands behind your back so I can handcuff them.  You're going to be brought to the station for a breath test and to be videotaped.  Should you pass the breath test and there are no other charges, you might be released. However, if the result is .08 or more, then you will be formally charged with DWI and placed in jail.

 Sir, if you refuse the breath test, you'll automatically lose your driving privileges for 180 days through a suspension and you'll be charged with the offense of DWI.  Further, the jury at your trial will be informed that you refused an opportunity to take a breath test because you thought you were too intoxicated to pass it.

 Sir, you have these rights under the Supreme Court's decision of Miranda v. Arizona .  You have the right to remain silent and anything you say can and may be used against you; you have a right to have a lawyer present prior to and during any questioning; if you can't afford a lawyer and you want one, one will be appointed for you; and, you have a right to terminate this interview at any time."

 The officer's statements thoroughly confuse you.  First, the officer tells you that you cannot have a lawyer and now he expressly says you can.  Second, he says that if you do not do the exercises you are penalized by being arrested and now he says you have a right to terminate any further interview.  You wonder, "How can I be penalized for simply invoking my rights?" and "What has happened to America?"

 Lastly, as the officer handcuffs your hands behind your back, you ask yourself several questions.  First, "Should I perform the police field sobriety exercises before the video recorder?"  Second, "Should I take a breath test when they get me to the station?" And, third, "Just what is .08 anyway?"