DWI lawyers stay busy. No matter how much information is put out about drinking and driving, it seems it is just not enough to keep people off the road after they have been drinking. There is only one real way to avoid a DWI, and that is to simply never drink before you have to drive.
If you do make the choice to drink and drive you run the risk of getting caught. DWI lawyers all recommend that you do not drink and drive. It is very hard to come up with a DWI defense that does not result in some sort of penalty.
Depending on how many prior convictions you have will determine what type of defense your DWI attorney will consider. Choosing an experienced DWI lawyer Rockwall TX defendants count on is your best option for getting the best outcome.
The penalties can vary but typically can include, license suspension, fines, and in some cases even jail time. The right DWI attorney will have the experience to ensure that you get the best possible outcome for your case.
What Do You Do If You Get Pulled Over After Drinking?
If you are being pulled over after drinking, pull over immediately. Do not continue to drive. Be courteous, and respectful of the law enforcement officer. You have some choices to make while you are sitting there.
The law enforcement officer can only require that you respond to several questions. Who you are, and other information on your driver’s license and insurance. are the only information that you have to provide by law.
You have the right to :
- Enact your 5th Amendment Rights- that means you can choose to sit there in your car and refuse to answer questions about where you were, where you are going, and whether you were drinking or not. Remember “anything you say or do can be used against you” is not just a catchy phrase. Anything you say while sitting there can and will be used against you. Stay quiet. Even the nicest intoxicated person gets arrested. Really what you have to provide is your driver’s license and your proof of insurance and be told why you were pulled over. If the officer doesn’t tell you why, then you can ask them why. They don’t need any other information, including your social security number.
- If they ask you to get out of the vehicle and “check you out to see if you are o.k. to drive” you are going to jail almost every time. (I asked a DWI Task Force officer on the stand “How many times out of the 500 “DWI Investigations” you have conducted when a defendant is out of the car have you allowed them to get back in the vehicle and drive home. His answer: “less than 10.” 9 times or less…you do the math…
- Refuse a roadside breathalyzer. The roadside breathalyzer is faulty, it cannot be submitted in court, and you likely will be brought into the station. Kindly request to speak to your lawyer to determine if you should even consider doing those. They will NOT let you call your lawyer and will take your request as a refusal. You also may be subjected to an involuntary blood draw, yet you should refuse to blow. If you refuse to voluntarily give blood (make them get a warrant!), they have to get a warrant or then decide to just take you straight to jail without going through the warrant process. Why volunteer to give the police evidence to support their case?
- You maybe also be asked to do a FST (Field Sobriety Test), including an HGN (Horizontal Gaze Nystagmus) test. These should also be refused. Again, don’t provide the officer any evidence to help convict you.
- Contact a DWI defense attorney and have them represent you.
You do have rights when you are pulled over, enacting some of those rights, can cause immediate repercussions. For example, if you refuse to blow, you likely will be arrested, but if you do blow, and the breathalyzer indicates you are intoxicated, you will be arrested anyway.
The best thing to do if you get pulled over after drinking is to always be respectful and do not incriminate yourself. The next thing to do is hire the DWI lawyers that can help you fight the charges.