First off, I’d like to be clear that those of us DontCostNothing.com would never, ever advise drinking and driving. Take a cab. Call a friend. Walk. Rent a bicycle. But, if you ever do get pulled over after throwing down a few, remember the following…
Be very, very polite.
Yes sir. No sir. If you end up going to jail and you’ve been difficult, you could find yourself in a not so pleasant cell with a not so pleasant cellmate. And, if they don’t like you, they can take extra time with your paperwork. The first thing you’re gonna want when they lock the door on you is to get out. Every minute can be excruciating.
Pick a number, make it low, and never forget it.
The police are going to ask how many drinks you’ve had. I’m reminded of a scenario when a good buddy of mine was asked how many women he’d slept with by his new, naive girlfriend. Thinking on his feet (or on his back) he told himself: “Pick a number, make it low, and never forget it.” That said, here’s your answer:
“1 or 2″
Next question.
Ask yourself, as you’re being pulled over, ‘How drunk am I?’

If you’re hammered, and they ask you to do a field sobriety test, politely decline and request to speak to your lawyer. They’ll cuff you and put you in the car and take you to jail. But this is much better than slurring into the camera and miserably failing the sobriety test. Remember, from the second you get pulled over, everything is on video. Sometimes the video comes on while they’re behind you, before they pull you over.
If you’re not hammered, but borderline, go ahead and take the tests. As long as you don’t appear to be a mess, the video won’t hurt you too badly.
The police might ask you to blow into a roadside breathalyzer.
If you think you can beat your state’s legal limit (.08 or .1), go for it. But, and this is very, very important to remember, the roadside breathalyzer is not admissible in court. It’s been proven to be inaccurate. It can only serve to give the police a measuring stick, so to speak.
So they decide to take you downtown.
Continue to be polite. If you’re wasted, keep quiet. I know, I know. Easier said than done. When you get to the station, before you’re booked they’ll ask you to blow into the “official” breathalyzer. There is no reason to blow into this thing. If you’ve gotten this far, even if you blow under, you’re not going home. Don’t blow. I repeat:
DO NOT BLOW.
The downside to this is that your license is automatically going to be suspended, regardless of whether you’re ever convicted. In Texas, for example, it’s six months. But it’s not the end of the world. For about $150 you get a worker’s permit and you can drive pretty much wherever you want. You have to keep a log in your car of where you go. And you’ll want to keep this current, in case you get pulled over. Do not, under any circumstances, drive on a suspended license. You will go to jail for simply rolling through a stop sign.

Why don’t you want to blow?
It gives the state concrete evidence. I know it sounds like you’re hiding something or that it’s incriminating to not blow, but a decent attorney can get around that very easily. The first question most attorneys will ask is whether you blew at the station. Yes, it sucks your license will be suspended, but it’s worth it. A good attorney can get you off if you blow over the legal limit, but it’s a lot more difficult and you’re more likely to go to trial which is not only gut wrenching, but expensive.
The Bond
You’ll be informed of your bond when you’re being booked. For a first time offense, it can range from $1500 to $6000 - rough estimate. If you can come up with this cash up front, do it. You’ll get it back once everything is settled - regardless of the outcome. If you can’t, it’s bail bondsman time. The bond company will charge you 20% of the full amount. If you’re in for three grand, they’ll pay the court three grand and you pay them $600 and you never see it again. You’ll also have to check in with the bondsman, maybe weekly. They need to know you haven’t left the country. You’ve seen Dog the Bounty Hunter.
Selecting your attorney.

Most of us know an attorney or two. Even if the attorney you know doesn’t take this kind of case (most don’t) they’ll know someone who does. Or they can point you in the right direction. Also, if any of your friends have been through this, talk to them. Do not, under any circumstances, take a court appointed attorney. If you get pulled over in a small town, do not hire any of the local attorneys. They’re bums. It’s worth the money to hire a reputable attorney.
You’re looking at around $4,000 to $7,000 in attorney fees, assuming you’re not Paris Hilton and can’t afford to spend $300K on a DWI defense (which didn’t turn out, did it?). If you go to trial, you’re looking at about a grand a day. Seems like a lot, I know. But you really, really don’t want a DWI on your record. The fine can be steep and in some states you have to pay an annual fee of $2,000-$3,000 for the first three years after the conviction - that’s separate from the initial fine. Your license will be suspended again - though in some cases they’ll count the first six month suspension as time served. Your car insurance will triple. You can’t rent a car. You can also spend time in jail. And it’s on your record for life. They don’t go away after seven years or anything like that.
Most cases don’t go to trial.
Your attorney will work very hard to strike a deal with the state. He (or she) will review the video with the prosecuting attorney and discuss options. The prosecutor will discuss the situation with the police who pulled you over. If the cop’s a hard ass, it’s tougher to make a deal. And when I say make a deal, I mean plead guilty to obstructing a roadway or some other bullshit charge. If you can come to that agreement, you’re looking at a fine. Maybe up to three grand, but not much more. The state is prone to accepting these pleas because it saves court costs and guarantees the state will at least get a little money. Going to court and getting a not-guilty verdict costs the state (and the taxpayers) a lot of money. The flip side is a not guilty verdict is the absolute best result. Nothing on your record, no fine. You can have the arrest expunged from your record, too, for a small fee - around $400-$500.
The best way to avoid a DWI is to not drink and drive - it’s dangerous and can have horrible consequences. Again, the men of Don’tCostNothing.com do not advise drinking and driving under any circumstances.