By: Kenny Williams

Summer DWI Texas. Enjoying the summer season is important to so many people for all kinds of reasons; however, is equally as important to enjoy this time of year responsibly. This means never, ever getting behind the wheel of a vehicle if you are intoxicated.

Unfortunately, many people end up coming into contact with law enforcement officers as the summer heat continues to increase. Being able to know and understand all of your rights when interacting with one of these professionals can be the difference between being able to go home or being taken to jail. Additionally, it can also mean the difference between having a clean record or a record that contains either an arrest or conviction, which is something that can seriously affect your future.

As previously stated, you should never, under any circumstances, operate a vehicle if you are even the least bit intoxicated. On the other hand, in the event that you end up getting detained by law enforcement, there are a few important tips that you should remember involving your rights.

  • Firstly, always be polite to the officers no matter what. This is much more preferable than getting a negative attitude with them, as that will only make things much worse for you in the long run, especially since your interaction is being recorded on the officer’s dash cam in their vehicle or their personal body camera. In other words, the less that is said is oftentimes the best course of action that you can take.
  • Next, keep in mind that whenever the officer turns on their siren and lights, you do not have the legal right to simply drive away from them. You will have to instead turn on your right blinker, move to the right hand side of the road, and park your vehicle out of the normal flow of traffic. If you are near a parking lot, this is the best possible place to stop. 

It’s also important to keep in mind that you always have the right to remain silent, such as stating that you wish to speak with your attorney prior to answering any questions that the officer may have for you. This may not necessarily prevent you from getting arrested, but it will, however, prevent you from voluntarily incriminating yourself due to the answers that you provide.

  • Another of your rights to remember is that you have the right to refuse to take any field sobriety tests, including a breath test that can be administered at the scene. Despite this, you may still experience legal repercussions for refusing these tests, such as driver’s license suspension. On the other hand, your refusal could also potentially make it much harder for a prosecutor to convict you of a DWI thanks to a lack of evidence including blood alcohol content. In the event that your license is suspended, you will have a period of 15 days to request a hearing in order to prevent this from happening. Failure to do so will result in you losing your right to appeal your suspension. This also applies if you take and fail a breath test. 

Summer DWI Texas. Your best course of action will be to seek out the counsel of an experienced DWI attorney, as they will be able to successfully determine factors such as whether law enforcement followed proper procedure during your interaction with them. Furthermore, as previously stated, assert your rights firmly but politely, as this will greatly help you out in the long run.