Knowing what to do if the police pull you over on suspicion of OWI in Wisconsin can help reduce the stress of the encounter and allow you to protect your legal rights and options.
Stay Calm and Pull Over to a Safe Spot
When you notice a police cruiser behind you with its lights activated to pull you over, remember to stay calm to avoid escalating the situation. Taking an angry or hostile tone with the officer will only heighten the officer’s suspicion or convince the officer to take a less lenient approach during the traffic. Acting aggressively may also cause the officer to become concerned about their safety and take steps such as ordering you to exit your vehicle and patting you down for weapons. Avoid sudden movements or unusual behaviors.
To pull over safely, use your turn signal before changing lanes, turning, or pulling off the road, slow down, and stop in a safe location, such as a parking lot or a wide, well-lit shoulder. Avoid driving too far while looking for a safe spot, as the officer may become concerned that you may try to flee.
Be Polite and Provide Your Information
Keep your hands on the steering wheel during the traffic stop unless the officer asks you for documentation or tells you to move them. Before moving your hands to collect documentation, tell the officer that you want to reach for your documents and tell the officer where you plan to reach. Maintain a respectful tone with the officer. Provide the officer with your license, registration, and proof of insurance. However, if the officer asks you questions like, “Where are you coming from?” or “Have you had anything to drink?” politely decline to answer the question.
Understanding Field Sobriety Tests
During an OWI stop, the officer may ask you to step out of your vehicle to perform field sobriety tests or blow into a portable breathalyzer. Although the officer may make it seem like you must perform the tests, you have the right to refuse to submit to field sobriety testing. However, by the time the officer asks you to perform field sobriety tests, they have already observed things about you that cause them to suspect that you’ve committed OWI. Even though the officer may arrest you if you refuse field sobriety testing, performing the test may only give the officer and prosecutors more evidence for your OWI case.
Know Your Rights
Finally, remember your rights during an OWI stop and after an arrest, including:
- You have the right to remain silent, which protects you from having to answer incriminating questions asked by the police.
- You have the right to refuse field sobriety tests; however, if the police arrest you for OWI and ask you to submit to a breathalyzer or blood test at the police station, the implied consent law requires you to submit to chemical testing or face administrative penalties.
- After an arrest, you have the right to consult a defense attorney.
Contact an Attorney
Knowing your rights and options during an OWI stop in Wisconsin can help you protect your interests and put yourself in the best position to defend yourself against a drunk or drugged driving charge. Contact Jasti Zehawi & Johnson LLC today for a free, confidential consultation with our legal team to discuss how we can help you resolve your OWI charge favorably.