Being pulled over for a suspected drinking and driving incident is very frightening. It is important to know the steps to take to protect your rights.
Seeing the flashing lights of a police car behind you and hearing the siren is a very frightening experience. Hearing that the officer suspects you are driving under the influence is even more alarming. It is critical to know the steps to take to protect your rights. While the below steps may not help you avoid an arrest, they can make it easier to defend your case in the future while also protecting your rights.
Do Not Volunteer Information
You have a right to remain silent and you should exercise it. Provide the officer with very basic details, such as your name. However, refrain from saying anything else, particularly anything about drinking that may incriminate you. Anything you say will be used against you and could hurt your case.
Remain Respectful
It is normal to become angry, upset, and frustrated after being pulled over. This is particularly true if you believe the officer did not have probable cause to pull you over. While you do not have to provide the officer with a great deal of details, you should remain respectful. Follow basic instructions the officer gives you, such as keeping your hands where they can be seen. Becoming agitated and angry will only give the officer cause to arrest you and could even affect your safety.
Do Not Consent to Field Sobriety Tests
Officers often ask drivers to perform field sobriety tests such as standing on one leg or touching their nose. There is no scientific evidence that these tests can indicate drunk driving and you should not consent to them. Police officers usually only use them to give them probable cause for a breath, blood, or urine test. You are also not legally obligated to consent to field sobriety tests, so there is no reason to.
Consider Whether to Take a Chemical Test
Chemical tests are breath, blood, and urine tests that can detect how much alcohol a person has in their system. Unlike field sobriety tests, the implied consent law in Texas does require that you submit to these tests. The implied consent law presumes that you consented to chemical tests as a condition of obtaining your driver’s license.
You can still refuse to take a chemical test, but there are legal consequences. Namely, your driver’s license will be automatically suspended. It is often recommended that you should not take a chemical test until you have spoken to a lawyer. Even if you do, a lawyer can refute the results if they are incriminating.
Call Our Criminal Defense Lawyer in Texas
If you have been arrested for drunk driving, you need legal help. At Granger and Mueller, PC, our Texas criminal defense lawyer can provide the defense you need to avoid a conviction and retain your freedom. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to get the legal advice you need.