You Could Go to Jail for These Common DUI Mistakes

July 10, 2013

When you see blue flashing lights behind you while you drive, it is normal to feel a lump in your throat and a sinking feeling in your stomach. If you had a few drinks before getting behind the wheel, this feeling can be much more ominous. It’s important to realize that police are looking for a few specific things when they suspect that a person is drinking and driving. If you give off certain signs during the traffic stop, you could end up in jail. This is why every person should know what common DWI mistakes to avoid.

Don’t Volunteer Information

If a police officer stops you, it’s not time to play Twenty Questions. If an officer asks you for your driver’s license, insurance or registration, go ahead and hand them over. Anything else, on the other hand, can give the officer probable cause to perform a breathalyzer test. If an officer asks if you’ve been drinking, you have no responsibility to provide an answer. This is especially true if your answer is “yes.”

Don’t Burp or Belch

This may sound awkward, but it’s important not to burp or belch during a DWI stop. This can cause alcohol from your stomach to rise back into your throat and mouth. This alcohol hasn’t absorbed into your body, and thus, it shouldn’t be used against you. Unfortunately, if you belch, the breathalyzer will detect the alcohol and give a much higher reading than it should.

Don’t Turn Into Adam Sandler

Obviously, this rule isn’t literal, but it’s important to not try to be funny with the officer. If you’re intoxicated in Texas, try to maintain your composure. Otherwise, the officer might suspect that you’re not mentally up to par. It’s also important to not become argumentative. Just remain serious, but polite when speaking to the officer.

Don’t Assume Guilt

If you’re being arrested for a DWI, do not just assume that you’re guilty. This is true even if you blew higher than a .08 on the breathalyzer. Several factors can sometimes cause inaccurate readings. Additionally, police mistakes can work in your favor. Never simply plead guilty; always speak with an attorney before doing anything.

The aforementioned mistakes can quickly land you in jail, and this is true even if you aren’t actually over the intoxication limit. Luckily, most DWI mistakes are completely avoidable. If you fail a breathalyzer test, you will most likely go to jail, but your attorney can get the charges mitigated or even dismissed altogether.

For help with your DWI case, speak to Brett A. Podolsky and schedule a free appointment at 713-227-0087.