The Do's and Dont's During a DWI Arrest
Following a traffic stop, if asked to exit your vehicle to perform field sobriety tests, there is a very high likelihood this temporary detention will result in your arrest. How you conduct yourself during the investigation can make a difference in whether or not you are subsequently convicted.
The Encounter with Law EnforcementIt's important to be polite and respectful with the officer who has you detained. You are required to provide the police with your identifying information, i.e. name, date of birth, and address, and if asked to step from the vehicle, step out. Once out of the vehicle, there is no requirement under the law that compels you to comply any further with the DWI investigation. The best response when asked to perform field sobriety tests is to simply state that you are uncomfortable performing any tests without first speaking with an attorney. This effort may not interrupt the arrest, but it may give you a slight advantage while in pursuit of an acquittal. And remember, you are being video recorded at all times.
The Day AfterIt's important to hire an attorney early in the process. You will most certainly face the possibility of your Driver's License being suspended, but in Texas you have 15 days to request a hearing on the matter. If the 15 days expires and no request for a hearing is made, your Driver's License will automatically be suspended for up to 180 days. Once the Driver's License issue is addressed, you and your attorney can next turn your attention to defending the case against you. The State has the burden of proof, which is proof beyond a reasonable doubt. The less evidence you give the police during the initial, video recorded encounter, the better chance you have at an acquittal based on reasonable doubt.