Missouri criminal defense and DWI attorneys Christopher Combs and Steven Waterkotte provide a real-time walkthrough of the proper actions to take—and crucial mistakes to avoid—during a DWI/DUI traffic stop in Missouri. This video offers valuable insights into DWI/DUI cases and charges specific to Missouri law.
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Don’t “Blow” Your DWI/DUI Case: Key Mistakes to Avoid
Combs Waterkotte, Missouri’s leading DWI/DUI law firm, has handled over 10,000 cases successfully. This ebook guides you through the DWI/DUI defense process and helps you avoid key mistakes.
Video Transcript
Narrator: Know that you don’t have to answer the officer’s questions. Make sure you produce your license and registration, insurance. Know where those documents are.
[Officer walks up to car door.]
Officer: Can I see your license and registration, please?
Driver: Sorry about that. I was looking for it. Here you go.
[Cut to DWI lawyers Steve Waterkotte and Christopher Combs]
Steve Waterkotte: I’m Steven Waterkotte, managing partner of Combs Waterkotte Law Firm. We’re a full service criminal defense firm located here in Missouri with offices both in St. Louis and Kansas City.
Chris Combs: My name is Chris Combs. I’m Steve’s law partner and fellow managing partner of Combs Waterkotte. And today we’re going to walk you through a DWI traffic stop, give the do’s and don’ts and some helpful hints and tips.
[Cut to lights flashing behind driver.]
Steve Waterkotte: Now here you’re watching the police activate their lights. The most important thing to do when you’re in this position is, first off, pull over safely.
Chris Combs: And I think it’s important to remember that not every traffic stop turns into a DWI investigation. So you could merely be pulled over for speeding. Don’t automatically assume that the traffic stop is going to turn into a DWI investigation.
It’s important, of course, to have your license and insurance readily available and be polite. Not being polite doesn’t get you anywhere.
Steve Waterkotte: Many times, if you’re fumbling around looking for these items, that’ll be the first indicator that the officer says, “Hey, this person may be intoxicated.” And this traffic stop is now kind of unfolded into a full on DWI stop.
Chris Combs: Therefore, if you’re readily able to hand over the necessary documents, you take away from the nervousness and the anxiety of the stop. Also, the officer knows you’re complying. And like you said, I think the most important thing is we see so many cases where it starts with fumbling through a purse, fumbling through a wallet, couldn’t find their license, couldn’t find their insurance. And then that automatically gives the officer the indication that maybe something’s off.
[Cut to officer talking to driver at car window.]
Driver: Can I ask why you pulled me over?
Officer: I saw you swerving in between lanes. Have you been drinking?
Driver: I had a couple beers.
Officer: Where are you going?
Driver: Headed to a friend’s house.
Officer: And where are you coming from?
Driver: From a friend’s house.
Officer: Please remain in the vehicle.
[Cut to Chris and Steve]
Steve Waterkotte: It’s important to know that you can be polite, but still assert your rights. You don’t have to answer the questions the officer asks, such as “Where are you going? Where are you coming from? Have you had anything to drink?”
Chris Combs: Say they’re coming from a happy hour and they’ve had one beer, literally a beer. And the officer asked if they’ve been drinking. The answer should always be no because the second you say you’ve been drinking, boom. “Do you want to blow into this? Do you want to get out of the car? Do you want to start doing field sobriety tests?” So never ever admit to drinking.
Steve Waterkotte: Produce the license, produce your insurance. You have to as a Missouri driver. Once that occurs and you provide that to the officer, at that point you are under no obligation to answer those questions. The questions typically are, “Where are you coming from? Have you had anything to drink?” You don’t need to answer that. You can politely decline and say, “I’d rather not answer that question.”
Chris Combs: We would encourage people to not answer those questions. “Where are you coming from? When’s the last time you ate? Have you had anything to drink?” You don’t have to answer those questions, nor should you.
Steve Waterkotte: Agree.
[Cut to officer and driver.]
Officer: Please remain in the vehicle.
Driver: Yes, officer.
[Cut to Steve and Chris]
Steve Waterkotte: At this point, you see the driver get out of the vehicle. They typically will take you to the rear of the police cruiser and start performing the field sobriety test. You’re under no obligation to take these tests. First off, these tests are designed to fail. Think about this. There’s three tests.
There’s the walk and turn test. It’s not common for any person to walk heel to toe, to take nine steps, and then walk precisely nine back. We don’t do that in our normal lives.
Additionally, the one leg stand is putting your one leg in the air. The officer’s going to have you count to whatever it may be. These aren’t natural movements by anybody.
Chris Combs: And some are hard to even do sober. I’ve read reports where it says, “Repeat the alphabet backwards from M to D. I couldn’t do that right now.”
Steve Waterkotte: It’s important to know you have these rights. Remain calm. But assert your rights.
Chris Combs: Oftentimes I hear clients say, “I didn’t have a choice. I didn’t have a choice.” And that is something that is really tough because we want everyone to know you do have a choice. You do not have to participate in these.
At Combs Waterkotte, we have five attorneys who have received extensive training in the field of DWI law. We have handled hundreds and hundreds of DWI cases throughout our careers. Oftentimes people come to our office and believe their case is not winnable, and that is not true. We have beaten cases that have felt unwinnable.
Having Combs Waterkotte in your corner is critical because of the resources and the attention you get from our team. When your file comes into our office, it gets reviewed by a senior litigation paralegal, a law clerk, an associate attorney, and then it lands on one of the managing partners’ desks for final review. The fact that you get four sets of eyes on your file is critical. You have a full team behind you to look for these errors, and that is why we win so many cases.
You can contact us online or call us 24/7, 365 at (314) 900-HELP. You are the most important part of what we do.
