1) Don't do any field sobriety tests - including following the pen with your eyes (bet you didn't know that was a Field Sobriety Test!)  Indicate to the officer that you do not consent to any field sobriety tests.

 

2) When the officer asks you various questions, "do you know what time it is, are you on any medications, how much sleep did you have, when were you drinking, what did you eat today, how much have you had to drink" You should respectfully assert your right to remain silent.  "Officer, I respectfully assert my right to remain silent."  If he says you have no such right until you are arrested, just repeat that as he continues to inquire -- this is called self mirandizing.

 

3) Blood vs. Breath:  There are two sets of breath results -- the preliminary (which is before they arrest/handcuff you) and the evidentiary (which is after.)  If you are sober enough to remember not to agree to the breathalyzer until after you are arrested/handcuffed, then I recommend the breathalyzer, because the breathalyzer is inherently flawed and that can be demonstrated to the jury.  The problem is if you do both the preliminary (which is optional, but they don't tell you that) and the evidentiary, then you have 2 sets of readings - which is persuasive to a jury.  So the BEST, if you can remember, is to agree to breathalyzer, but only after being handcuffed/arrested.  Do not give a backup blood-sample.  

 

Most officers record DUI arrests on their digital audio recorders.  Try to sneak in an 'Excuse me' within 15 minutes prior to doing the breathtest or something which we can then explain away later as a burp -- this will make the test arguably invalid (don't actually burp or you run the risk of raising your BAC if any alcohol is burped up.)  Some officers will then make you wait an additional 15 minutes - don't make it obvious that you are trying to interfere with the test or they will just make you do blood.

 

Sadly, asserting your rights will generally be seen by the officer as you being hostile and will get you arrested.  However, it is RARE to talk yourself out of a DUI or perform well on Field Sobriety Tests.  They're administering the field sobriety tests not to determine if you are sober, but to get evidence against you.  Once they have you step out of the car and start the DUI investigation they've generally made up their mind to arrest you.  Don't be a prick to the cops, as then they will tow your car (it's their discretion to tow or move it somewhere safe.)  Asserting your rights and just not saying anything will get you arrested, but at least we can fight it or get a deal later.  You would have been arrested anyway.