A Texas DWI Lawyer Reveals What To Know
Many people have had this experience: You're driving home after a party, restaurant, or celebration and suddenly you see the blue lights of a police cruiser flashing in your rearview mirror. You pull over hoping they pass by, but instead, the officer pulls up behind you, gets out of the car, and says, "Do you know why I stopped you?"
All of a sudden, those couple of drinks you had earlier in the night start to weigh on your mind and you start to worry if you're going to be charged with drunk driving.
What do you do?
When getting pulled over by the police, it is important that you are aware of your legal rights ahead of time. This will help prevent you from accidentally incriminating yourself or otherwise providing evidence to support charges against you.
Pulled Over For DWI In Texas
What information do I have to give to police during a DWI stop?
You don't have to tell the police anything beyond your name and address. Be polite, provide documents they may request like your license registration, but do not answer questions. If the officer asks you how much you've had to drink or why they pulled you over, you have the right to remain silent and have a lawyer present with you during questioning.
What if I'm asked to take a field sobriety test?
If the officer asks you to step out of your vehicle, ask if you are free to leave. If the answer is yes, then leave. If the answer is no, ask to speak with an attorney before saying or doing anything else. Do not agree to perform a roadside test or have your eyes tested. These are voluntary.
Should I take a breathalyzer test?
No. Do not blow into a breathalyzer or otherwise take a breath test to measure BAC (blood alcohol content) levels. In Texas, refusing to take a breathalyzer will almost certainly get your license suspended. However, many people prefer this over providing information to the police that will be used against them. Breathalyzer tests are unreliable, but many juries still find them convincing. It is best to avoid them.
If I don't take any sobriety tests, can I still be charged with DWI?
Yes. The police can press driving while impaired charges against you even if you didn't drink alcohol. Impairment counts as anything that alters your state of mind to the point where you can no longer safely control your vehicle. A person can be impaired by alcohol as well as drugs, fatigue, illness, in addition to other circumstances. If a police officer believes you cannot safely operate your car, truck, or motorcycle, they can usually arrest you on an impairment charge.
So, stand up straight and be alert. The police officer is looking for any signs of impairment that they can use against you to build a DWI charge. Simply leaning against your car could be interpreted as the act of someone who needs help balancing.
Talk to a DWI Defense Attorney Today
If you're in the Montgomery County area and you're facing DWI or other impairment-related charges, contact Amanda Webb - DWI Lawyer for a free case evaluation. We are located in Conroe and can be contacted 24/7 by phone, email, or online chat. Protect yourself and your rights. Contact us today to find out more about how we can help you.