The Fifth Amendment to the Constitution affords you the right not to incriminate yourself. Kindly ask the officer why you were stopped and whether or not you are under arrest. If you are, you have the right to see an attorney before answering any other questions. Let the officer know that you would like to do that before he or she questions you anymore. If you are asked to take a field sobriety test, mention again that you would like to be advised by your attorney on if that is a good idea or not. You are not refusing or agreeing to take one, you’d just rather keep all of your bases covered with counsel first. However, if you are told to get out of your car, you must oblige.
If the officer says that you are not under arrest, then ask if you are going to be given a traffic ticket, and if you will be allowed to leave afterwards. If the officer says yes, continue to be courteous and quiet. Do not volunteer any information of any kind. If he asks about your consumption of alcohol again, kindly tell him that you choose not to answer any other questions besides those regarding the traffic offense you are being stopped for.
In the event that the officer tells you that you are not under arrest but cannot leave, the best thing to do is to inform the officer of your desire to obtain the advice of a lawyer before answering any more questions. Don’t forget to be polite. By doing this, you have caused the officer to make a choice: either he must now choose to let you go or to wait for you to contact an attorney, in effect, extending his investigation at the scene. If he lets you go, drive cautiously away.
If he prolongs the investigation, he must be careful not to violate your federal and state constitutional rights to not be unreasonably seized. By remaining silent and waiting for an attorney to be present, you make it more difficult for the officer to reasonably seize you. In other words, it is not considered an admission of guilt to use your constitutional right not to self incriminate.
In any event, if and when you find yourself in the classic DWI situation (where you’re being held for a DWI investigation but you’re not yet arrested) it is best to be polite. You should invoke your right to remain silent and to have an attorney present so as to not accidentally incriminate or convict yourself. This way, you are letting the officer do the best he can with the evidence he can legally find.