How to Proceed after Being Pulled Over
If you have been pulled over on suspicion of driving while intoxicated, we recommend adhering to several guidelines.
- When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the police officer's questions concerning the DWI investigation, either before or after arrest, then there will not be any statements that can be used against you in court. Even seemingly innocuous questions can be used by the prosecution to assist them in convicting you of DWI.
- Field sobriety tests (FSTs) are completely voluntary. Whether or not you perform the FSTs, you may be arrested if you have been drinking. It is probably better not to give the police evidence that will be used against you in court. You can politely refuse to do FSTs.
- In Texas, if you refuse a chemical test on a first offense, you will lose your license for 180 days (rather than 90 days on a non-refusal). Plus, you are still eligible for an occupational license. As such, if you are in Texas, I would advise you not to complete a post arrest chemical test. Until Texas takes a more aggressive approach to enhancing the refusal of chemical tests in DWI prosecutions, it is best to refuse and hope the police do not obtain a warrant.
- Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.
- Always be respectful to police officers. The jury's perception of your behavior is extremely critical to the outcome of your case.
- Most jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.
- At your soonest opportunity, make a detailed list of all the events before being stopped up to and including being released from custody.
- Retain a knowledgeable DUI / DWI defense attorney to represent you. Only a qualified DUI/DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge, or jury.
Remember, the best way to avoid a driving while intoxicated (DWI) or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for DWI does not automatically result in a conviction or loss of your driver's license.
Contact Us Today to Learn More
For more specific information regarding your DWI charge, contact The Law Offices of Jason Trumpler today. We are available to take your call 24 hours a day, seven days a week.You can reach us at (512) 457-5200.