What To Do – and What Not to Do – When Stopped for DWI | TX

 Posted on September 05,2024 in DWI

In 2023, Texas ranked as the third worst state for drunk driving, with 340 DWI arrests made per 100,000 licensed drivers across the state. While this is certainly not a statistic anyone would be happy about, there are instances where a police officer may be overzealous when making an assumption regarding a suspect’s sobriety. You may also have been pulled over without reasonable suspicion of your inebriation.

Suppose you are leaving an after-work party with your co-workers at a local pub on a Friday afternoon. The week is over, and you have had a couple of beers to relax after a long week. When you leave to head home, you are soon shocked and dismayed to see flashing lights behind you and hear a police siren. You carefully pull over and wait for the police officer to walk up to your window. Your mind is frantically trying to gather your thoughts and determine the best way not to get arrested and charged with DWI.

There are certain things you can do that will lessen the chances of an arrest after you have been stopped on suspicion of DWI. There are also things you definitely should not do when facing a DWI arrest. Having a McKinney, TX DWI lawyer from Law Offices of Biederman & Burleson P.L.L.C. who knows exactly what to look for and what to do to shed doubt on the officer’s account of the incident can be extremely helpful.

What You Should Do When Stopped on Suspicion of DWI

First and foremost, you should always be polite and respectful to the police officer. Only give the police officer your driver’s license, vehicle registration, and insurance information. The less you talk, the less evidence the officer has against you. If the officer thinks you slurred a word, mumbled, or rambled while talking to him or her, those things will be used as evidence to arrest you and as evidence against you at trial. Refuse the roadside breathalyzer but do take a breathalyzer test at the station. Your attorney can challenge a breathalyzer test in many different ways, so it is better to take it than not. Hire an experienced DWI attorney as soon as possible.

What You Should Not Do When Stopped on Suspicion of DWI

While you should be polite, never assume the officer is your "buddy" or try to charm him or her. Do not joke with the officer. Never confess that you had anything to drink, as that information will definitely be used against you. This means that you should not say, "I only had one drink at the party." The officer will not believe that you only had one drink, but they will use the information to convict you of DWI. Do not give the officer probable cause to arrest you by talking too much.

An officer who had no probable cause to arrest you may get that probable cause when you slur a word or seem nervous or evasive. Do not take any field sobriety tests, as these tests are not required. Do not attempt to explain why you are refusing; only say that it is your right to refuse. You are also not required to take a roadside breath test, known as a Preliminary Alcohol Screening. Tell the officer you will take a breathalyzer test at the station. Do not talk to the police; simply say you will not answer questions until your attorney arrives.  

Contact a Collin County, TX DWI Defense Lawyer

After a DWI arrest, you may be feeling confused and anxious about what lies ahead. What if you lose your job? How will you get to and from work and get your children to school without a driver’s license? If ever there was a time to contact an experienced DWI attorney, this is it. When you choose a Frisco, TX DWI attorney from the Law Offices of Biederman & Burleson P.L.L.C., you can rest assured that our attorneys will give your case the consideration it needs and deserves. With over 25 years of combined experience and more than 500 trial victories in DWI cases, you are in good hands. Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation.