DWI Survival Tips
Glove Compartment Guide for Drivers Stopped for DWI
If you have been arrested for a DWI in the state of Texas, it is important to know just how much you have on the line. Penalties related to this type of criminal offense are severe and can leave the convicted with life-long consequences. I recognize how difficult this can be and have therefore devoted my legal practice to helping those who have been accused. Below, I have explained some "survival tips" which can help the accused to improve their chances of success. To learn more about these tips, please read below:
- If you have been pulled over, you do NOT have to answer any questions unnecessarily. You have the right to remain silent and you should protect it. The only information you need to provide the law enforcement officer is your name and address. You do not need to "confess" about any drinking that you had done that night or any other incriminating evidence. You have the right to ask to have an attorney present if being questioned.
- You should not agree to roadside tests if there are any factors which might negatively impact your performance. For example, if you have an injury, an illness or even if you had been drinking, this can affect your balance and coordination. If you do have an injury or illness which could affect the results of the test, you should immediately alert the officer administering the test.
- You should not agree to any testing of your vision.
- You should not agree to blow into a handheld breath tester. These are notoriously unreliable and there are countless factors which can cause a faulty reading – which can make it appear as if you were driving drunk. In these situations, a handheld breath test can only hurt your case.
- If you are asked to take the breath test, you should not consent to it. As described above, breath tests are unreliable. Having "mouth alcohol" or being in the absorption period can throw off the machine. Therefore, you should only consent to a blood test and only if the officer is able to legally produce a warrant.
- Even when refusing tests, it is important to remain polite. Being abrasive or difficult will only complicate your case. At times such as this, you need to be courteous to the arresting officer. If they request documents, you should immediately produce them.
- When dealing with the officer, it is in your best interests to tell them that you will happily cooperate throughout the entire process so long as you have an attorney first. The longer you are without legal representation, the longer your rights are left vulnerable. Work with an attorney from the very beginning for help in protecting your rights and giving you the best possible chance of success.
Have more questions? The criminal process is complex and it is likely that you are not sure what to expect after being arrested. To seek answers and to get comprehensive protection, you should make hiring an attorney a priority. At my firm, we are dedicated to the rights of the accused and have spent years working as trial lawyers defending them. I am proud to have been AV® rated by Martindale-Hubbell® and have proven time and time again that I can be trusted in complex cases. To schedule your initial case consultation with a member of my firm, please do not hesitate to contact us today. The sooner you pick up the phone, the sooner we can discuss your options and the sooner we may be able to begin building your defense.