The following is an outline for how to best handle if you feel you are pulled over and are under suspicion for Driving While Intoxicated. The following list is NOT exhaustive, and is merely my thoughts on how best to handle this situation if you find yourself in it. To read more about this topic, please read my tips on what to do if PULLED OVER.
#1 - remember you do NOT have to answer any questions other than your name and address. It is imperative to NOT provide any information about alcohol consumption. Ask for the opportunity to have an attorney present for any questioning. Although they are not required to comply with this, it is a fair question to ask and juries usually identify with this as a natural instinct.
#2 - DO NOT agree to perform any of the Standardized Field Sobriety Tests! Many factors can effect this, including if you have an injury or illness that might affect your balance and coordination. If you do have such an injury or illness, be sure to tell the officer about it. These roadside tests, simply put, are designed for failure.
#3 - It is always important to NOT agree to even have your eyes tested! The test is not asked to be performed to see if you can simply follow the pen stimulus - but where they say, at least, that they see what is called "Horizontal Gaze Nystagmus." It is very rare that the officers say they DO NOT observe this test - and there is no certainty that they actually perform the test correctly. ***So,Do not agree to even have your eyes tested!
#4 - As well, do not agree to them trying to obtain a chemical specimen, whether it is a breath or blood test. Do not agree to blow into a handheld breath tester either (this is often referred to as a "PBT"). This is not accurate in anyway, and the results are not even admissible in court.
#5 - Just remember to be polite and courteous at all times. Produce any requested documents, and try to remain calm throughout the process. Tell the officer you'll be happy to cooperate if you can speak to an attorney about your rights first. Ask for a lawyer immediately, especially following the actualy arrest.
To view helpful tips once you have been arrested, including right after the actual arrest, and once you are bailed out of jail, please click HERE.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance with any charge of Driving While Intoxicated in Texas at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.