What five things should you not do upon being stopped? Here is what you do when you find yourself arrested and charged with OWI and you are innocent.
First, stop talking. You will never win an argument with a police officer. You will never convince the officer to let you go. Prisons are full of innocent people that tried to talk themselves out of a charge. I realize you believe that you passed all the field sobriety “tests” but those tests are designed specifically for you to fail. They are not tests at all. Even if you had a 90% success rate, you failed. Even if you had a 98% success rate, you failed. So shut up. All you are doing is hurting your case and making it more likely that you will eventually be wrongfully convicted.
Second, assume that every phone call you make from the jail will be played at your trial. Don’t explain to your wife that you’d only had one beer. Don’t ask your dad to go pick up your car and tell him that all the beer in the car belonged to your friends. If you need legal advice, talk to a lawyer. Most of the time, talking to family and friends doesn’t help the case and they are not lawyers and do not understand the intricacies of the OWI law.
Third, immediately request to call and visit with a lawyer. A lawyer who understands the OWI law can help you through the important decisions you will need to make that night and in the days to come.
Fourth, don’t talk to other inmates about your case. Most of the time other inmates are only going to know just enough about the law to make themselves dangerous and you should not rely upon their advice. Also, the activities in the jail are always being monitored by law enforcement. Anything that you say could potentially be used against you.
Fifth, don’t ask for legal advice from the officer or jailer. They may be very friendly but it is their job to get a conviction and they will do so at all costs. They are businessmen, and their business is arrest and conviction.