Horizontal Gaze Nystagmus (HGN)
In this test, the officer passes a pen in front of your face and you are asked to follow it with your eyes. If your eyes exhibit a jerkiness (nystagmus) during the passes, it indicates intoxication. However, the officer will have to admit that nystagmus can, and does, occur naturally in many people, and that stress and bright lights (which are present at most traffic stops) can bring on nystagmus.
If the officers tell you that you are under arrest, do not fight. This will only add to your problems. Simply go with them and follow their instructions. You do not want to make them upset and hurt your chances of a better outcome.
Do Not Drink Excessively and Drive
This may seem like a simple and obvious piece of advice, but it is amazing how many people think they can drive home when they are clearly intoxicated. Barring egregious police misconduct, not even the best lawyer can get you out of this bind.
Cooperate with Police
Do not act evasively. Police will generally treat you with more respect and dignity if you are nice to them. Have your driver's license ready when the officer approaches and always take a few deep breaths to relax so that you are not nervous when he greets you. Answer with one word answers when possible to avoid the illusion of slurred speech.
Quiet the Party Down
When the police knock on your door, you must quiet everyone down so that the police cannot determine how many people are there. If they feel it is a large gathering, and they suspect you of operating a tavern without a license, they may care more than if you have a few friends over.
Call An Attorney
This is the easiest way to make sure you do everything to give yourself every opportunity to win your case. Always make sure you call an attorney who handles OWI cases regularly.