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If you are lawfully arrested, you have an obligation to follow the directives of the police. Even if you believe the officer is acting improperly, it is better to challenge his actions later in a court of law than to resist arrest.

At some point after you have been taken into custody the officer may attempt to interview you. In almost all instances it is wiser to exercise your right to remain silent and decline to participate. If an officer ever offers you the opportunity to consult with an attorney by phone you must ALWAYS take him up on his offer. Nothing beats timely advice while the events in custody are transpiring.

If you have been arrested for DWI, the officer will ask you for an evidentiary breath test back at the barracks. At that time he must also let you consult with legal counsel. ALWAYS avail yourself of that opportunity and discuss your options over the phone with the attorney called by the officer. In most instances, the attorney will recommend that you cooperate and provide the sample of your breath. After you are released, it’s best to get a more accurate blood sample at the local hospital, the results of which will only be shared with you and your defense attorney. The officer may give you a Notice to Suspend form. Make sure you sign and send it in right away so you preserve your right to contest a suspension of your license.

If you are not actually arrested, but instead given a citation to appear in court at a later date, resist the temptation to try to talk the officer out of it by agreeing to be interviewed. Most defense attorneys will tell you that a prosecution is almost never reconsidered after the suspect is interviewed. In almost every case the interview is an attempt by the officer to help further build a case they have already chosen to bring.

If you believe yourself to be the subject of an investigation, be sure to contact competent legal counsel. He/She can help ward off a prosecution, or if arrest is inevitable, help negotiate surrender to the authorities in the least inconvenient way possible.

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