You’re pulled over on the side of the road. The lights are blaring in your rearview window like 4th of July fireworks. A police officer approaches and asks how much you’ve had to drink tonight. It seems the situation is about to escalate, no matter what you say. So how do you handle a DWI arrest?
Never escalate the situation or get into a shouting match with a police officer. It will only increase the likelihood of arrest. Instead, you should comply with the officer to a point. You should provide your license and registration. You should step out of the car if they ask.
By driving a car, you give “implied consent.” This means that by driving a car, you agree to a breathalyzer test. However, that only applies after an arrest. Moreover, field breathalyzer tests are not admissible evidence in Texas court. That means the only number that matters is the station’s breathalyzer and a blood test obtained with a warrant.
Additionally, Texas law does not require that you submit to a field sobriety test. The officer will not ask if you consent to a field sobriety test; they will start by giving instructions. You don’t have to follow these instructions. You can refuse these without fear of repercussions, no matter what the police say.
If the situation escalates to an arrest, request an attorney and then remain silent. When you get to the police station, you will be required to blow into the breathalyzer. You cannot refuse this without taking additional charges. You have the right to refuse the blood test until the police present you with a warrant.
If police try to question you, don’t panic. Politely and clearly request an attorney, and the questioning will stop immediately.
If you were charged with driving under the influence, you may want legal representation. If you’d like an experienced Dallas DWI attorney from Hamilton Grant PC to evaluate your case, please send us an email or call (214) 225-7117.