DUI & DWI  
  All traffic code violations are in fact criminal violations. Please review the Drugs & Other Crimes section if you have not done so already because the same rules apply. Do not make any statement of any type (it will be used against you) and be polite and cooperative. It may be a good idea to decline any "field sobriety tests" such as heel-to-toe/walk and turn, 1-leg stand, butchered alphabets ( D-T ), horizontal gaze nystagmus (HGN), preliminary breath test (PBT), among others.

Do I take the breath test or not?
The 'roadside' or PBT cannot be used against you in a formal sense and you are within your rights to refuse the same. However, the stationary breath test machine typically located at the police station can be determinative in terms of guilt or innocence.

BEWARE of the administrative MVA sanctions in the event of a refusal of this test, eg, four months no driving, very limited exceptions for a first offender under the statute. On the other hand, if one were able to accept the MVA penalty a refusal may increase the likelihood of an acquittal at the time of the court trial.

Know your rights. Please review your Bill of Rights for further information

 DUI/DWI Photo Image