1. Shut up. I hate to be blunt, but sometimes people only pay attention to harsh words. Shut up. You have the right to remain silent, even though the officer doesn't have to tell you that. You don't have to answer his questions. And any responses you do give (or spontaneous statements you make) will be brought against you. Yes, the officer will make notes about what you say. It will be used in court. So just don't talk. You have to provide your name, driver's license, registration, and insurance card, but that's it. No more talking.
2. Be polite. This might seem contradictory to the first point, but it's not. You can politely remain silent. You can politely say "I choose not to answer any questions until I speak with a lawyer."
3. Ask if you can leave. The police can stop you if they suspect that you have broken the law. But this type of stop is very loosely regulated. They do not have to advise you of your rights to keep quiet and to have a lawyer. This is where many drivers talk too much and dig themselves into a hole. If you ask if you are free to leave the scene, the officer must answer. If you are allowed to leave, do so. If you are not allowed to leave, say "I want a lawyer." The officer must stop asking you questions until you have a lawyer present.
4. You can refuse field sobriety tests. Field sobriety tests are things like touching your finger to your nose, reciting the alphabet, and walking in a straight line. You do not have to perform these exercises. If you think they will provide evidence against you, you should politely refuse to do them. In fact, these exercises are highly subjective, and sober drivers can end up "failing" in the eyes of the officer.
5. You can refuse the field breath test. Cops carry hand-held breath test devices that they use during traffic stops. You do not have to blow into it. This device is used to see if the officer has probable cause to arrest you. If your breath alcohol level is high enough and it registers on the hand-held device, probable cause is no longer an issue. The reading from this hand-held machine cannot be used against you at your trial because they are not reliable enough. Do you want any part of your future hanging on an unreliable machine?
6. You cannot refuse the police station breath test. If the officer decides to arrest you, he will take you to the station for a breath analysis. This breath test machine has a printer hooked up to it, and you'll be told to blow into a long tube. You must do this test. By having a Virginia driver's license, you have already consented to this test. If you get to this point, do what the officer asks. But still remain silent.
7. Don't drink and drive. You knew this was coming. Didn't you? The best way to avoid a DUI conviction is to not drink and drive.
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