Top 4 Tips if Stopped for DWI/DUI in Texas
So you’ve been pulled over for DWI/DUI …now what? If you’re like most people, an encounter with law enforcement can be intimidating. Even more so if this is your first experience. Therefore, if you are pulled over for DWI/DUI, here are the four things you need to do:
Be Polite & RespectfulEven if you believe the police officer is acting out of line, it is important to remember that the police have the power to arrest you and send you to jail. Being polite and respectful can help keep the situation from escalating. Also, you are very likely being recorded by a police dash or body cam. This recording may be played in front of a judge or jury one day.
Find Out If You Are Being Investigated For A CrimeThe best way to do this is by asking directly. Another important question to ask is whether you are free to leave. If the officer does not allow you to leave, then be sure to make it clear that you do not wish to answer questions until a DWI/DUI lawyer is with you to protect your rights.
When refusing the officer's questions, we advise our clients to say, "Officer, I have done nothing wrong and I would like to refuse all tests."
Refuse All TestsPerforming field sobriety tests, breath test, or blood test is the officer's way of gathering more evidence against you. You have the right to refuse these tests. Taking them will do nothing to help you and only increases the potential to hurt you.
The field sobriety tests are no more than roadside gymnastics. They are being recorded. They are there to make you look ridiculous and intoxicated. They are designed for failure. Many people stone cold sober cannot pass these tests.
If you are nervous, on the side of the road, in the middle of the night, concerned about being arrested, and in front of an armed police officer, you will likely fail them too.
You have rights that are protected by the U.S. Constitution. If an officer smells alcohol, you are going to jail. Period. Don't build their case for them by saying yes to their questions and demands.
Call a Knowledgable DWI/DUI AttorneyIn Texas, you have 15 days from the date of your arrest to request a hearing to save your driver's license. This is one of the many reasons it is important to hire an attorney within the first couple weeks of being arrested.
If you have been arrested for DWI, you need a defense team that understands the science of breath and blood testing. You need a defense team that understands the Standardized Field Sobriety Tests. If you don't have a lawyer familiar with the specifics of DWI law, then you are at a serious disadvantage.