5 Rules to Follow When Pulled Over for DWI
DWI Defense for the Drunk Driver
“Five Rules to Follow”
By: Terry W. Yates
You are driving home after having a few of your favorite alcoholic beverages with friends. You say to yourself: “I should probably stop the car and get a ride, but I only live a couple of miles from here. I can make it. I have done it before.” And then you see those intrusive red and blue strobe lights flashing in your rear-view mirror. Your heart starts racing and it feels like your chest is going to explode. “What do I do now?”
The answer is: Protect yourself. Do not give the government the evidence it needs to convict you of DWI. Follow these five rules:
- DO be extremely courteous to the police officer. You are probably being videotaped. Likewise, everything you say is being recorded. Have your license and proof of liability insurance ready to show the officer. Regardless of what the officer does or says, do not let him provoke you. Nobody, including juries, likes a belligerent drunk. Stay cool, calm, collected and be cooperative.
- Do NOT admit to drinking, but do NOT lie when the officer asks you if you have been drinking or any questions related to this issue, simply respond “I can not answer any of your questions until I talk to my lawyer.” This is the perfect answer. It is not an admission of guilt that can be used in court, but it is not a lie that will hurt your credibility. In fact, this answer can’t even be admitted into evidence against you. The officer will testify that he smelled an alcoholic beverage on your breath, but without an admission to corroborate his opinion the government’s case is severely weakened.
- Do NOT take any field sobriety tests (FSTs). Most people do not know that they can refuse every single DWI roadside FST. And this includes the controversial Horizontal Gaze Nystagmus (HGN) test, or what is commonly known as the “Pen” test. If you let an officer perform the HGN test on your eyes, you will be required to hire a highly skilled criminal defense attorney to cross-examine this “scientific” evidence, and maybe even a costly expert witness to discredit the police officer’s findings.
- Do NOT give a sample of your breath. This includes the portable breath test (PBT) or the intoxilizer test. Simply decline to take them. If they ask, “Why are you refusing if you are not intoxicated?” Simply answer, “I can’t answer any questions until I speak with my lawyer.” If they ask you to sign any documents in relating to the breath test, read them carefully before signing.
- DO contact a reputable criminal defense attorney, and do this as soon as possible. The sooner you do this the better. A good attorney will be able to advise you of your rights and protect and preserve valuable evidence that may be used in your defense.
The only way to insure that you do not get charged with a DWI is to never drive after consuming any alcoholic beverage. However, if you do make this mistake, follow these five rules in order to protect your Constitutional rights and give your attorney the best-case scenario for winning your case.
Terry W. Yates and Associates
6750 West Loop South
Bellaire, Texas 77401
(713) 861-3100 Telephone
(713) 621-0000 Facsimile
www.yateslawoffices.com
