Here Are Some Tips to Help If You're Ever Stopped By Police For Suspicion Of DWI.
Tip #1: Don't Drink and Drive
We all know this one, so let's be honest. Avoiding a DWI conviction means you will never drink and drive. There are many options to avoid a DWI conviction if you've been drinking. It is better to use one of these than driving after drinking. Research has shown many people underestimate the impact alcohol has on driving.
Tip #2: Pull Over Immediately
You should pull over immediately after the officer lights you up. Avoiding a traffic stop by running away from the police is not a good idea; it is a felony in Texas. Slow down and immediately put on your turn signal – this shows you have your mental faculties. Find a parking area or other place allowing you to get off the road if possible. If you can't find a parking lot, pull over on the side of the road.
Tip #3: Be Polite
The officer may approach your vehicle from either side. Most likely, the officer will ask you for your Driver's license and maybe your insurance. Move slowly and steadily. At this point and throughout your interaction with the officer, be polite, courteous, and respectful. It is a good idea to comply for the moment. Don't refuse to give the requested information.
Tip #4: Know Why You Were Pulled Over
You should never get out of your vehicle without being instructed. The State must show an officer initiated the stop because of reasonable suspicion, meaning they had to have seen you do something justifying the stop. The officer may ask if you know why you were stopped. You should not answer this question in the affirmative; say "no, sir" or "I am not sure." Allow the officer to explain his reason for "pulling you over." Do not admit to anything. If you tell them, "Yes sir, I was …." You have just given the officer an admission to committing the reason for the stop.
Tip #5 - Drinking Is Okay, But Don't Go into Detail
The follow-up question they will likely ask is, "Have you been drinking tonight?" There are many ways to answer this question. You can say you haven't been drinking. If you have and smell like alcohol, they will report you were lying and being deceptive. If you have been drinking, you can also say you've been drinking. Don't go into specifics at all. You can also ask the officer why they are asking and if there is any suspicion of criminal activity. We've all heard it… "I plead the fifth." Once you have identified yourself as required by law, you don't have to answer their questions.
Tip #6 – You Don't Have to Field Sobriety Tests
The Horizontal Gaze Nystagmus (eye test), Walk and Turn, and the One Leg Stand are the usual tests officers ask individuals to perform. These tests are used to gather evidence of guilt and must be administered a certain way. You're probably getting arrested anyways; why give the State more evidence to prosecute you? Remember, be polite. It's all being recorded.
Tip #7 – You Don't Have to Give A Breath Or Blood Sample.
The officer will ask you for either a breath or a blood sample. There are differing opinions on whether you should consent to a breath test if asked. Know you don't have to consent and give them a sample. Why give the state evidence if they ask for a breath test? Blood is more "sciency" to a jury because of tv. It can still be attacked with proper preparation. Breath is a less dependable, more easily attacked method with various dependability issues. I don't think someone should give the State any evidence to help convict themselves.
Tip #8 – Know What Happens If You Refuse to Give a Sample.
If you refuse to give a requested breath or blood sample, your license may be suspended. If you refuse to give a requested breath sample, you bet the officer will try to get a search warrant for your blood. If the officer does, remain polite. They are going to get your blood. Don't pick up a resisting charge, too. If you refuse, you may have your Driver's license suspended after an Administrative License Revocation (ALR) hearing. There are only 15 days after arrest to request a hearing to fight this.
Tip #9 – Use Your Right to Remain Silent.
Be quiet. The officers will chat you up. You don't have to talk with them when they are transporting you to the station or hospital for the blood or breath sample. Everything you say can and WILL be used against you.
Tip #10 – Call Ronnie Yeates.
If you or someone you know is arrested for DWI, call Ronnie Yeates as soon as possible. You need an aggressive DWI trial lawyer to start fighting from the beginning. Your Driver's license (must request hearing in less than 15 days), your job, and your future are on the line.