Every year, thousands of people across the country are stopped and detained by law enforcement officers on suspicion of Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) which are synonymous in my states. In fact, it is estimated that close to 1.5 million DWI arrests are made annually in the US. With DWI being one of the most frequently committed crimes in this country, otherwise law abiding citizens can easily find themselves ensnared in the criminal justice system by one-drink-too-many.
First and foremost, for your own safety and that of others, you should never get behind the wheel of a motor vehicle if you have been drinking. However, if you have been drinking and are stopped for suspicion of DWI – know your rights!
Law enforcement officers are constantly on the lookout for drivers showing signs of impaired driving and they will use any possible reason to pull you over so that they can have the opportunity to further investigate your state of sobriety. Remember, it is their job to make a DWI arrest if they can gather enough evidence to reasonably conclude that you have been operating a motor vehicle under the influence of alcohol. It is not your job to assist them in this task.
To avoid giving officers probable cause to pull you over, be sure to maintain your vehicle in proper operating condition. This includes keeping all headlights, taillights, brake lights and turn signals in working order – then using them properly while driving! Even a dirty or poorly attached license plate can be cause for a traffic stop by an observant officer. Another obvious ‘green light’ for pulling you over is the commission of any traffic violation – speeding or driving too slowly, improper lane change, failure to signal, following too closely, driving the wrong way on a one-way street, rolling through a stop sign — any number of seemingly insignificant driving ‘faux pas’ can become your ticket to a night’s stay in jail and, the beginning of an unneeded and unwanted legal hassle associated with any DWI arrest.
Once the flashing lights are upon you, now is not the time to panic, become belligerent or turn into a “Chatty Cathy.” Remember, the officer is now watching you for any behavioral signs he/she can use to conclude that you are not acting in a normal, or more appropriate – a sober manner. Keep in mind that you are likely being videotaped and recorded. Slurred speech, jerky or uncontrolled movements, and overly emotional reactions will all be tallied against you. Keep your words, your movements and your emotions to a minimum.
At all times be polite. Pull your vehicle over promptly, safely and with control. Stay in your car with your hands on the wheel until the officer approaches. Wait until he/she asks to see your documentation before reaching into your purse, glove box or pants pocket – this will help alleviate the officer’s fears for his/her safety. Then offer your driver’s license and insurance paperwork without offering up any conversation, explanation or idle chit-chat. Less is more.
The officer will likely ask you questions regarding where you are coming from, where you are going, and whether or not you have been drinking. You are under no obligation to discuss your whereabouts, who you were with or what you were doing. Your obligation to talk ends at presenting a valid driver’s license and proper insurance papers and you have a right to refrain from answering any and all questions other than identifying yourself, giving your address and date of birth.
If you are asked to perform one (or more) field sobriety tests – you have the right to refuse. The tests are subjective and difficult for even a sober person to perform flawlessly. Although you may feel that you could easily pass these tests, the likelihood that you could, especially after drinking, is questionable. Remember, everything the officer asks, does or observes from this point forward is designed to build a case against you for a likely DWI arrest. Although you may be arrested for refusing, (and likely would have been arrested anyway if you’ve been drinking) you will not have contributed to the evidence against you.
Furthermore, unless it is a ‘no refusal weekend’, you also have the right to refuse consent to chemical testing, and anyone who has had more than a few drinks would likely be wise to do so. Breath tests are inherently inaccurate, and although blood tests are more accurate, without your voluntarily consent, the procedure will take longer, giving your body more time to process the alcohol that was consumed.
Bottom line, although you should never drive while intoxicated, you do have rights! Remember, your strongest defense is the right to seek competent legal representation when you have been arrested for an alleged crime. An experienced criminal defense lawyer can help you through the judicial process, help preserve your driving privileges, and work with prosecutors on your behalf to obtain a resolution that is in your best interest.

Tags: Austin Texas DWI Attorney, DWI, DWI Attorney, DWI Law, DWI lawyer

This entry was posted on Tuesday, November 15th, 2011 at 3:12 PM and is filed under Driving While Intoxicated (DWI). You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.