How To Fight a DUI- When it comes to being charged with a DWI, this is something that can come with all sorts of consequences of both a personal and financial nature. In fact, a conviction can not only result in your driver’s license being suspended for a specific period of time, but it can also result in you having to pay upwards of thousands of dollars in surcharges.
Here are some of the most basic steps regarding what you should do in the event that you find yourself the subject of a DWI investigation.
*First and foremost, it’s important to keep in mind that a majority of DWI arrests occur during a traffic stop. Generally, this situation begins as a simple traffic violation, but can lead to the officer claiming that they smell alcohol, as well as notice other signs of intoxication such as red eyes. Keep in mind that during the entire interaction, you will always be recorded by both the officer’s dashboard camera and body camera, meaning that you should always be polite, never leave your vehicle unless you are instructed to do so, and await all instructions from the officer. Furthermore, you will also need to properly identify yourself, meaning you should provide the officer with your driver’s license and politely ask why you were pulled over, as this reason may be useful in defending your case. It’s also worth noting that you will be questioned as well, such as being asked where you’re coming from, where you’re going, if you’ve been drinking, etc. This is where you can politely refuse to answer these specific questions, as the answers can and will be used against you.
*The next thing to expect is the standard field sobriety tests. Typically, there are three different ones – eye test, walk and turn, and one-legged stand. It’s important to keep in mind that you can and should refuse to take these tests, as head, back, and/or leg injuries can potentially affect the overall results of these tests, thereby causing the officer to falsely believe that you are intoxicated.
*In the event that the officer is able to obtain enough evidence as the result of the field sobriety tests, you will more than likely be placed under arrest for DWI and taken to the police station for the investigation to proceed further. You will be read your Miranda Rights, which is a situation where you will need to ensure you are polite to the officer. From there, you will be placed in the back of their vehicle prior to transportation to the police station. During this situation, you should never speak unless it’s absolutely necessary, as anything and everything you say is being recorded and can be used against you.
*The next step to expect is the breath test, which is where you will be asked to provide a sample of your breath in order to determine your overall blood alcohol level. Prior to performing the test, you will be supervised by an officer for a period of 15 minutes. During this time, it is important that you not speak to the officer, no matter how friendly they attempt to make the conversation. This is because your entire conversation will be recorded and everything you say can and will be used against you.
*The blood test is the next step to expect, which is something that you can refuse to take. At this point, the officer will be forced to apply for a warrant and have it signed by a judge. In the event that it isn’t done properly, there can and will be grounds for having the blood itself excluded. On the other hand, if the judge does sign the warrant, you will have no choice but to comply with the warrant. In this case, always be polite to both the officer and the nurse. You will also need to refrain from speaking to either the nurse or anyone else in the room about your case.
*Once a sample of your blood has been taken, the DWI investigation will be completed and the process to book you into the jail will begin. Since you will likely be permitted to keep your phone prior to booking, you will have a chance to contact anyone you need to in order to let them know about your arrest. Otherwise, you will be entitled to make a phone call from the jail. From there, you will then speak with Pre Trial Services in order to determine whether or not you are eligible for a pre trial bond. You will need to answer all questions politely and not discuss anything involving your case. If you are approved by Pre Trial Services, then you will be released on a Pre Trial Bond and not have to make a bond payment, provided you understand all of the conditions regarding your release.
*In the event that you either refuse to provide a sample of either your blood or breath or if your blood alcohol level was above the legal limit of 0.08 or higher, then the Texas Department of Public Safety will suspend your driver’s license automatically. If this happens, you will receive an official notification of suspension from the officer on the day of your arrest. Additionally, you will be provided with 15 days from your arrest date to contest the suspension itself, which you can do by requesting a hearing with a DPS Administrative Judge.
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