Being pulled over on suspicion of driving while intoxicated in Texas may be a stressful experience. Unfortunately, anything said or done during the traffic stop could be used against you. Below are a few steps to take to prevent yourself from doing something that will potentially hurt your case.
Be as polite and helpful with the police officer as possible. But do not divulge any information that will incriminate yourself. You are required to provide information about your identity, but Texas’ law does not require you to tell the officer what you have been doing the previous few hours. You can politely tell the officer that you will not answer any questions until you have had the opportunity to consult with an attorney.
You are not required to submit to any field sobriety tests in Texas. These tests generally serve to get you arrested, and will not to get you off the hook. Some common tests include reciting the alphabet backwards and following a pen with your eyes. Also, do not take a roadside Breathalyzer, as Texas law does not require this either.
If you are arrested, demand to speak to an attorney before submitting to any chemical testing. A lawyer can advise you what type of chemical test you need to take (usually breath, blood, or urine). Also, Texas’ law allows for you to have a private chemical test done within 2 hours of your arrest, which your lawyer can arrange. This can help your case down the road.
If you have been involved in a DWI in Texas, you should contact a Texas attorney immediately. Speaking to a lawyer during an arrest is your right. The lawyer will advise you what to do such that you do not incriminate yourself. Moreover, the lawyer can speak on your behalf such that you do not say anything wrong. Anything said to an officer can and will be used against you, in which you cannot take back.
Last Modified: 06-26-2018 12:34 AM PDTLaw Library Disclaimer
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