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How to Avoid a Conviction When Stopped in Texas for DWI / DUI

Written by: William Bradford Mange

Reputation Level 7

Posted over 2 years ago. Applies to Texas, 10 helpful votes, 0 comments

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Hand over your driver's license and proof of insurance once you've been asked for them.

The officer has a legal right to ask for these things.

Politely tell the officer that you do not want to answer any questions.

The officer will probably tell you that you don't have a right to remain silent. He might even try to bait you or goad you into answering questions. Just stay calm and maintain your dignity. Here is how things start: first the officer will say that he "just wants to make sure that you are okay to drive." This comment implies that if he is sure that you are okay to drive, then you can go home instead of to jail. While this may happen occasionally, and so the officer's comment is not a lie, the comment is misleading just the same. It is misleading because the vast majority of the time, if a conversation between the officer and the driver begins with "I just want to make sure you are okay to drive," the driver will usually go to jail. If the officer were more forthright and candid, he would say: "I want you to talk to me while I secretly videotape our conversation. Some questions will seem harmless. Actually, your answers to those questions could hurt you a lot.

Tell the officer that you want to leave. If you are not allowed to leave, tell the officer that you want to speak to an attorney immediately.

Be sure that you are clear and unequivocal about this. Don't say "I think I might need a lawyer," "do you think I might need a lawyer," or "maybe I need a lawyer." Do say "I want a lawyer right now, before I answer any questions or consent to any searches or tests." The officer may tell you that you don't have a right to have an attorney at that moment. Don't take legal advice from police officers.

If the officer tells you to get out of your vehicle, get out.

Your other option is to have the officer break the car window and pull you out. I wish I were kidding.

If the officer tells you to perform some roadside maneuvers or agility exercises, DON'T DO THEM.

The officer will pretend that if you decline to do the field sobriety tests, he will act as if he has no choice but to arrest you when he might not have arrested you if you had just answered his questions and done the tests. The truth is: you are going to jail whether you answer his questions or not, and whether you do the FSTs or not.

Do not take a preliminary breath test. Do not submit to an examination by a Drug Recognition Expert.

Don't blow into anything. Do not let anyone wave a finger, pen, penlight, or anything else in front of your eyes. Close your eyes if you have to, but do not cooperate with their attempts to test you.

If the officer asks you to blow into a breathalyzer, refuse. DON'T BLOW.

The truth is that he knows there are central Texas police officers who have been stopped while off-duty and they refuse to do the FSTs and they refuse to blow, but he’s not going to tell you that. There have even been prosecutors and County Judges who have been stopped, and they have refused to blow. He knows all this, but he doesn’t want to tell any of it to you.

If the officer asks for a sample of your blood, refuse.

Don't give a reason why you refuse. Just refuse and say you want a lawyer.

If the officer asks for permission to search your car, refuse.

If the officer searches your car without your permission, say nothing about it to him. Your objective is to get through this DWI roadside stop without getting convicted and without provoking the officer.

Talk as little as possible. Move as little as possible.

Give them no reason to pretend your actions seemed threatening to them. Your goal is to get through the ordeal of the roadside stop without anyone getting hurt and without you getting a conviction.