Driving while intoxicated is a serious offense. If you are stopped by the police after consuming alcohol, it is essential that you take affirmative steps to minimize your potential liability.

    Depending on the amount of alcohol you've consumed, your degree of impairment and whether you've had previous convictions for driving while intoxicated, you may be charged with a violation, a misdemeanor or a felony. Even if it is your first arrest for driving while intoxicated, a vigorous defense is essential, because subsequent arrests are treated more harshly once you've been convicted of driving while intoxicated.

    If you are stopped, do not argue or fight with the police: give them your license and registration and step out of the car if requested to do so. Do not answer any questions. All you need say is that you prefer not to answer any questions. You are not under any obligation to say anything to the police and it is best that you do not.

    If the police ask you to take an "alcohol screening test," politely refuse. You do not have to submit to a screening test unless you've been involved in an accident. 

   If the police ask you to perform various field sobriety tests or maneuvers, politely refuse. You are under no obligation to perform agility or coordination tests by the side of the road. If the police persist, just sit down.

    The reason the police ask you questions, ask you to take a "screening test" and perform field sobriety tests, is to get enough "reasonable cause" to arrest you for driving while intoxicated. Don't help them! Dont' make any statements and simply refuse to participate. 

    If you have a cell phone, ask to be permitted to call your attorney. Be careful what you say on the phone, the police are listening.

    If you are arrested for driving while intoxicated, the police will ask you to take a "breathalyzer" test to measure your blood alcohol content. If you refuse this test, your drivers license will be revoked. It will not matter if you are subsequently found not guilty at trial; your license will be revoked.

    If at all possible, you should consult with an attorney before deciding whether to take the "breathalyzer"test. If yo have a prior "DWI" conviction or if you've been involved in an accident, it may be best not to take the test. Even if it's your first arrest for "DWI," there are situations where it is better to refuse the test and deal with a license revocation.

    After your arrest and prior to your first court appearance, you should retain an attorney to represent you. The earlier the entry of an attorney into the case, the more likelihood of obtaining a favorable disposition. You should choose an attorney who handles primarily criminal matters and has experience with driving while intoxicated cases. Beware of attorneys that simply want you to plead guilty at the preliminary stages of the proceedings. Your local bar association and word of mouth referrals are good sources for finding a competent attorney.

    You should schedule an appointment to meet with prospective lawyers well in advance of your first court appearance. Make sure you understand the fee arrangement and the scope of representation. Quality representation may be expensive, but poor quality representation will cost you a lot more in the long run.