What should I say?
 
• It is advisable to be polite and courteous with the officer. Have your license and proof of insurance and registration for the vehicle ready at hand to present to the officer. Remember that if you fumble for it and drop it, he will interpret this as you being under the influence, so be prepared prior to him approaching the car. Always be truthful. Do not argue with the officer and never lie about anything. It will destroy your credibility and may be a crime in and of itself. You are not required to make incriminating statements, and admitting to having had six drinks in the last two hours will certainly hurt your chances of a favorable disposition in court. If asked if you have had anything to drink, you have some options instead of making some admission that will later hurt you. You can simply ask the officer some question about why he pulled your over or whether you are under arrest. Do not tell him what or how much you have had to drink. Simply avoid answering that question if possible. REMEMBER that everything you do say WILL be used in your case. If it can hurt you, the prosecutor will surely use it. If the officer’s questions become overbearing or impolite in his tone, you can tell him that you would like to talk to your attorney before you answer any more questions.

• At some time you will feel that his interrogation is focused on gathering evidence to use against you in a DUI case. At this time you should tell him that you would like to speak to your attorney before you answer any more questions. He probably will not permit you to call from the roadside; and, in fact, will probably tell you that you can call when he gets you back to the police station (long after you need to talk to the attorney). Remind him in the presence of other officers or while in the cruiser that you want to call your attorney. (Many times your conversation while in the cruiser is being recorded). Although once you invoke your right to remain silent, you can waive it by talking and answering questions. Officers are trained to get you to make statements and may try to evoke fear of arrest or incarceration to get you to talk more. Even if you are arrested (and you probably will be arrested) you will be able to post bond or be released shortly after the incident. Your “cooperation” with the officer will not keep you from being arrested or help your case. Actual cooperation is being polite and considerate. It is not defined as making incriminating statements, or waiving your rights, or taking tests.