I just reviewed a DWI video that showed the most extreme example of badgering and deception that I’ve ever seen perpetrated by a (DWI task force) cop against a detainee when the latter attempted to exercise his right not to submit to field sobriety tests.
As soon as you realize that a cop is investigating you for DWI, you should stop talking. You don’t have to think you’re intoxicated–you don’t even have to be intoxicated. Do not answer his questions. Do not perform his tests. Do not buy into his story that he just needs to make sure you’re safe to drive home. The fact that he’s asking these questions means that he’s already decided you’re intoxicated. His job now is to build a case against you and he’s very good at what he does. He’s not an impartial investigator and, contrary to common belief, the tests can and will be slanted. Everything you say and do will be filtered through the lens of his belief that you’re intoxicated and his skill in manipulating your responses and the perceptions of the viewer.
So, when that light bulb goes off in your head, if you don’t want to help him with his goal, you need to use the magic words: “I want a lawyer and I want to remain silent.” Then, stop talking!! Do not perform any tests. Do not answer any more questions. Do not believe anything he says about why you should explain yourself or cooperate with him.
Believe it or not, some cops will lie to your face while they knowingly attempt to violate your constitutional rights. They’re allowed to lie to you. They’re allowed to badger you. They’re not supposed to violate your rights but they’re frequently allowed to trick you into giving them up. Unfortunately, there’s not a comfortable way to cope with that. Just remember that once you’ve drawn the line by asking for a lawyer, the cop is the one breaking the law if he continues to interrogate you. If you feel the need to respond to anything he says after that, just repeat, “I want a lawyer.”