You’re Pulled over Drunk, Now What?
Based on the Texas Penal Code, if a person is pulled over drunk, there’s a very good chance that that person is going to jail. It’s easy for officers to spot a significant amount of intoxication and, under the law, an officer’s judgment is enough to take a driver to jail.
However, even if a driver is taken to jail on suspicion of DWI, they still have a chance to fight the charges in court. By following a few simple rules, drivers can give themselves an edge when their DWI case goes before a judge.
- Don’t admit to anything
- Don’t answer any questions
- Be respectful, courteous and polite to the officer
- Provide driver’s license and insurance information
- Refuse the field sobriety tests
Stay Calm and Think Clearly
Being pulled over by the police is a nerve-wracking experience even if the driver is totally sober. Staying calm and taking a few deep breaths can help make talking to the officer a bit easier.
The driver should quickly provide the officer with his or her driver’s license, registration and insurance information. During this time, the driver shouldn’t make small talk or ask questions. The less said, the better.
Refuse Sobriety Tests
If the officer asks the driver to step out and perform a field sobriety test, the driver should politely refuse. If this happens, the officer will likely arrest the driver. Also, a refusal to submit to a sobriety test may result in an automatic and immediate driver’s license suspension. However, it may be worth it in the long run.
Fighting the Charges
If a driver refuses to participate in a field sobriety test and doesn’t admit to drinking, then there will be less evidence for the court to use against the driver. They will likely be able to order a mandatory blood draw to test blood alcohol levels but those findings can be challenged. The police can’t use what they don’t have.
Avoid DWI Criminal Charges
The most effective way to avoid DWI criminal charges is to hire an expert attorney who understands the law. It’s best to hire your attorney right away so he has time to prepare your case for court. Reach out to Brett A. Podolsky today by calling 713.227.0087.
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