Play It Safe – DON’T DRINK & DRIVE. If you are going out for a drink ALWAYS have a designated driver. If you do not have a designated driver use a rideshare company. We offer a $5 off coupon for client’s who sign up for Uber. Click here for the code.
Be Polite & Respectful – Even if you believe the police officer is acting out of line, it is important to remember that the police have the power to arrest you and send you to jail. Being polite and respectful can help keep the situation from escalating. Please know that you are most likely being recorded by a police dash or body cam. This recording may be played in front of a judge or jury one day.
Find Out If You Are Being Investigated For A Crime – The best way to do this is by asking the police officer directly. Another important question to ask is “Am I free to leave?” If the officer does not allow you to leave, then be sure to make it clear that you do not wish to answer questions until your lawyer is with you to protect your rights. When refusing the officer’s questions, DLF advises clients to say, “Officer, because I have done nothing wrong I would like to refuse all tests.”
Refuse All Tests– Performing field sobriety tests, breath test, or a blood test is a way of gathering evidence against you. You have the right to refuse these tests. Taking them will do nothing to help you and could very well you’re your case. Field sobriety tests are recorded and there to make you look ridiculous and intoxicated. They are designed for you to fail. Many people cannot pass these tests even if they are sober. You have rights that are protected by the U.S. Constitution. If an officer smells alcohol, you are going to jail. Don’t build their case for them by saying yes to their questions and demands.
Record The Interaction If Possible-It is important to be aware of what is going on around you and take note. Remember what time of day it is, if it is windy outside or raining, or any other circumstances. The police officer will likely tell you that you have red glossy eyes, slurred speech, and smell of alcohol. That is just their way of getting you out of your vehicle. If someone else is in the vehicle with you, have him or her record you and the police. It is not illegal and could be helpful to your case. The officer may give that person a little bit of trouble, but it is not illegal.
Call a Knowledgeable DWI/DUI Attorney– In Texas, you have 15 days from the date of your arrest to request a hearing to save your driver’s license. This is one of the many reasons it is important to hire an attorney within the first couple weeks of being arrested. If you have been arrested for DWI, you need a defense team that understands the science of breath and blood testing. You need a defense team that understands the specifics of DWI law.