What Happens After a DWI Arrest

What Happens After a DWI Arrest?


  • Exercise your right to remain silent. Other than your name and address, don’t answer any questions. If the officer smells alcohol on you, he will probably charge you with DWI anyway. You can’t talk your way out of it so remain silent.


  • Be polite, but you are not required to take tests or answer questions so don’t.


  • You must show the officer your driver’s license and registration documents.


  • You have the right to refuse searches and you should.


  • You must exit the vehicle if asked to do so. Do not blow into any hand held breath tester.


  • Do not take any sobriety tests such as touching your nose, following the pen, standing on one leg, or walking a line. Politely tell the officer that you refuse to take the tests.


  • If you had a lot to drink, don’t blow into the intoxilyzer. If you blow into the intoxilyzer and blow .08 or more, your license/privilege to drive will be revoked for at least 30 days.  You may be eligible for a limited driving privilege after 10 days. If you refuse to blow, your license will be revoked for at least one year.


Court Dates - Generally you may not have to appear until the case is tried.


Trial - In District court you have a right to a bench trial. If you are found guilty, you have the right to appeal to Superior Court and are entitled to a jury trial.