So at some point, that darned pot hole that has been in the same place since 1982 causes us to swerve one too many times and we find ourselves pulled over for swerving. ORRRR maybe you had a just 2 beers, and find yourself face to face with a police officer who has pulled you over for your, however slight, driving error. Here is what you should do if you should find yourself in this situation.
First, be respectful to the officer; do not give him or her a reason to arrest you or to engage in your life more than is necessary for them to complete the traffic stop. Do as very little as possible and do not offer more information than is necessary: your license, registration, and insurance card. Whatever you say will likely be written down, so do not answer any other questions like "where you headed tonight" which is a a favorite to get the conversation going. And for the love of all that is holy don't admit to drinking, being at a bar, or even watching cops with a man drinking on TV because then you will be asked to step out of the vehicle. Importantly, as discussed on this blawg before, statements you make prior to arrest can be used against you as your Miranda rights only have to be read to you during "custodial interrogation" and a traffic stop may not be just that. So sit and be quiet.
The officer often asks you to step out of the vehicle to complete Field Sobriety Tests (SFST's). If so, he is collecting evidence to use against you to convict you of DUI. THESE ARE VOLUNTARY. That's right, you can politely decline to complete these tests. These tests are most commonly the walk and turn, one leg stand, and the horizontal gaze nystagmus test. The officer may also request that you submit to a portable breath test (PBT), which is also voluntary, and you may (politely again) refuse this test. Although the PBT is generally not admissible against you at trial, it may give the officer probable cause to arrest you. Without the SFSTs and the PBT, the officer will have to articulate other probable cause for arrest.
In Kentucky, an officer can still arrest you based solely upon his opinion that you were driving intoxicated. They may not take into account your medical conditions, other causes such as road conditions for your erratic driving, and such-but these are the subject of a different article. If you find yourself arrested, ask to speak to an attorney as soon as possible. If you have been respectful, you may be allowed to do so prior to your actual arrest. Be aware that during transport to the detention facility, officers often record the transport. Do not make statements inside the vehicle, or answer any questions. You should continue to remain calm and quiet, even if unfortunately wrongly arrested.
Once you arrive at the detention facility, you should be read you an implied consent form and you will be informed that you have twenty minutes to contact your attorney. After that time period, the officer will ask you to submit to an official breath test, or perhaps a blood or urine test. Because you are driving on Kentucky Roads, you, and every other driver, have consented to these tests being given at this point. If you refuse this test at the detention center, the penalties may be more severe later if you plead or are found guilty. Continue to remain calm and quiet at the detention center as video is often recording as well as audio. Only divulge information to your lawyer.
If you follow these basic ideas, you will be in a much better position to defend yourself. The officer won't have a mountain of evidence that he believes means that you were intoxicated. You will be in a better position under these circumstances when you meet with an attorney to further discuss your case.