DWI in Texas: Know Your Rights!
You are being watched.
Never forget that from when you are stopped to your ride to the station, your actions and comments are being recorded. It can be shown in court, so be polite, don’t talk, and don’t get all worked up in the police car. If you get arrested be sure to call an Austin DWI lawyer, like the attorneys at Peek & Toland, right away.
Exercise your right to remain silent.
You are entitled to refuse to answer any question posed by the officer. A police officer is looking for incriminating evidence to use against you; not trying to find a reason to let you go. Immediately request to speak with your Austin DWI attorney, like the attorneys at Peek & Toland.
Do not perform any eye tests.
The police are not trained optometrists! The police are merely testing your eyes for Horizontal Gaze Nystagmus (HGN), however there are 38 causes of HGN other than alcohol and drugs. An Austin DWI attorney, like the attorneys at Peek & Toland, are able to argue against the admission of tests like these in court.
You don’t have to perform field sobriety tests.
It is very unlikely that you will be released if you attempt the field sobriety test or any of the other exercised a police office requests you take. Most citizens cannot “pass” the SFSTs. Additionally, field sobriety tests are judged subjectively. It is your right to refuse to take the field sobriety test and other exercises the police officer requests.
You don’t have to take a breathalyzer test!
According to state law, a police officer can only force a breathalyzer test on an individual who is already under arrest for DWI. Do not consent to take the breathalyzer test voluntarily or think that you must take the test because the police officer asks you to. Your Austin DWI lawyer, like the attorneys at Peek & Toland, can appeal any license suspension and help you fight for the best possible outcome.
Never voluntarily submit to a blood test.
Blood tests require accuracy. There are a large number of factors that determine whether a blood test is accurate. The blood test must be administered correctly, the sample must be prepared properly, and the sample must be stored properly. All of these factors can go wrong. Additionally, a police officer is required by law to have a warrant to perform such an invasive scientific test on your body. If you are faced with a warrant for a blood test, your Austin DWI attorney, like the attorneys at Peek & Toland, can challenge the warrant and test later in court.
If you are faced with a DWI charge and you want experienced, knowledgeable attorneys to help you fight for your rights, contact us now. We have knowledgeable attorneys with years of experience who can explain your rights to you, help you negotiate and fight for your rights in court.