Bad driving facts are sometimes the best evidence against you. Don't ever think you can outrun the officer. You may be able to outrun his car, but you can't outrun his radio. All this can do you for is get you a felony charge of evading in a motor vehicle.
Be calm, polite and quiet.
The State will try to use your anger or erratic behavior as a sign of your intoxication. If you are nicer than the officer it will help you.
Most criminals wouldn't get convicted if they didn't open their mouths. Ask if you are free to leave and ask for your lawyer immediately. If you don't know a lawyer, just ask for any lawyer. But most of all, be quiet. Your unresponsiveness may get you arrested, but it will definitely help you keep from being convicted.
DWI in Texas for a first offense is a Class B misdemeanor. Don't give the police the chance to get you for evading in a motor vehicle. That is a felony. You might outrun the officer, but you can't outrun the radio. Plus, erratic behavior like not pulling over when asked to do so will be treated as evidence of intoxication.
Do not participate in the field sobriety tests.
You are under no obligation to comply with the officer's requests to perform the field sobriety tests. They are designed for you to fail and the officer wouldn't be asking you to do them if he didn't think you were intoxicated. Politely refuse and do not comply. Again, you may get arrested, but you probably will be anyway at this point. Help yourself from being convicted.
Chances are the officer is going to ask you to perform 3 field sobriety tests. HGN (eye test), walk and turn, and 1 leg stand. All of these tests are unfair. And, they will primarily be what the State will use to convict you if there are no blood or breath tests. The officer will probably arrest you for refusing, but its better than giving him evidence to convict you. He thinks you are drunk or he wouldn't be asking you do them.
Cooperate with officer if arrested and continue to be quiet.
No matter how badly you feel you are being treated, be polite to the officer who is investigating you. Police have cameras and microphones recording everything you do. Ass holes rarely are acquitted in trial. Besides, the officer is not going to cut you any slack if you tell him what a pathetic loser he is. Don't freak out either. The worst case scenario for you is jail, and that's not that bad.
Answer the simple questions if you feel you are capable without sounding like a drunk. However, when in doubt be quiet. The burden of proof is on the officer and the State. Don't give them any more evidence than they already have.
If asked if you've been drinking, mum is the word. You are under no obligation to say anything.
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