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What To Do If Pulled Over for DWI in Texas

By August 3, 2011August 30th, 2011No Comments

This past Fourth of July weekend, APD made approximately sixty DWI arrests.  If you find yourself being pulled over on suspicion of DWI, here’s what to do:

  1. Smile, you’re on camera!  This begins before the officer turns on his overhead lights, and it continues until you are at the police station.  If you are within earshot of the officer, your voice is being recorded.  Be polite and courteous throughout your exchange no matter what.
  2. Pull over quickly and safely.  If you cannot immediately find a safe spot to stop out of the roadway, slow down, signal your intent to stop by putting on your blinker, and stop at the first available safe area.
  3. Set your brake, turn off your engine, roll down your window ALL THE WAY, and turn off your music.  You want the officer—and more importantly the jury who is also watching—to like you.  Making the officer give you common sense instructions is not the best start.
  4. Know the officer is NOT your friend.  It is imperative that you understand the officer’s only task right now is to build a case against you.  He may be nice, and he may tell you that if you cooperate fully everything will be fine, but IT’S A LIE!  He is gathering evidence to convict you.
  5. Provide the officer with your name, license, and proof of insurance.  Locate these items quickly if possible; however, the officer will be concerned you are reaching for a weapon, so follow any specific instructions he has regarding the retrieval of these documents.
  6. Keep your dome light off.  Let’s not shed any more light on this situation than is required.  This also gives you a great reason to block his flashlight from your eyes when he starts waiving it in your face.
  7. Exercise your rights.  When the officer asks you incriminating questions—How much have you had to drink?  When did you have your first drink?  What bar were you at?—ask to have your attorney present for any questioning, and tell the officer you otherwise would like to exercise your right to remain silent.  Regardless of his response to your statements (“You’re not under arrest” or “You don’t need an attorney”), remain silent.
  8. Step out of the car when asked to.  Remember, you are on camera!  If you feel unsteady for any reason, lean against your car or the squad car.
  9. Refuse field sobriety tests without your lawyer present.  Under no circumstances should you ever take a field sobriety test.  There is no statutory penalty for refusing to participate.  Tell the officer you need your lawyer present to participate in any such tests.
  10. The Breathalyzer: refuse without your lawyer present unless….  Refusing to take a breathalyzer will most likely result in a suspension of your driver’s license.  However, if you are being asked to take a breathalyzer, you are almost certainly going to be arrested for DWI anyway, and your real concern is avoiding a DWI conviction.  UNLESS you are 100% certain you will pass the breathalyzer with flying colors (not just barely), or UNLESS you are 100% certain the officer is going to take your blood if you don’t blow (for instance, by obtaining a search warrant), do not take the breathalyzer test.
  11. Once you refuse the breathalyzer, you will be placed under arrest.  The officer will place you in handcuffs and read you your rights.  In response, expressly state you are exercising both your right to remain silent and your right to an attorney.  Even if you already exercised these rights, do it again!
  12. Smile, you’re still on camera!  The officer has now placed you in the back of the patrol car, and he has turned his video camera around to face you.  Act appropriately.  Do not strike up a conversation with the officer about how much the Astros suck, who will be QB for the Horns, or anything else.  Keep quiet.
  13. Contact your attorney ASAP.  If you refused the breathalyzer, you have a very limited amount of time to challenge the license suspension.  Call your attorney immediately.

 

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