Texas has some of the strictest DUI/DWI laws in the country. The only state more stringent is California. Law enforcement officials can arrest you on suspicion of driving under the influence. While this is no surprise to local residents; it can be a shock to visitors passing through. As you can imagine, a mandate like this leads to a fair number of false arrests. At the same time, the method does catch many intoxicated drivers that would have otherwise fallen through the cracks. Whatever side of this legal coin you find yourself on, your first step is to remain calm and firmly demand legal representation. This is the only way you can truly test the strength of the DUI/DWI case against you and establish a plan for how you navigate the legal hoops ahead of you.
What Do I Do If I’m Arrested for a DWI/DUI?
Even if you believe that your sobriety’s not in question, what may seem obvious on the surface is still questionable to the legal system. These cases are highly technical in nature. That’s why you should refrain from losing your composure while in custody. Even if your actions are justifiable, you could end up doing more harm to your case than good. Find a proven and capable attorney to help make your case.
Conversely, even if you failed the Breathalyzer on-scene or evidence of intoxication shows up in your blood work; there’s still a possibility that the verdict could be in your favor. That’s why making a call to an experienced attorney is so critical and needs to happen very early in the process.
How Can I Prove I Was Sober?
First and foremost, if you are pulled over on suspicion of drunk driving, you are within your rights to refuse to perform any “exercise,” field sobriety test, or Breathalyzer test. Politely decline to perform the tests and ask to speak with a lawyer.
Here’s what could happen next:
- The police officer will ask you to call your lawyer. Call a friend on-scene if you need a legal referral.
- The officer will arrest you, take you to the station, and ask you to take a Breathalyzer. Politely refuse and ask for legal representation.
- Your driver’s license may be temporarily suspended, but your refusal to do the tests isn’t admissible in court; therefore it can’t be used to build a case against you. This gives you your best chance to plead your case free of incriminating evidence that could lead to:
- A restricted or revoked license
- Jail time
What are the Legal Penalties for a DWI/DUI?
Remember, when a police officer pulls you over, they are looking for signs of intoxication. The smell of alcohol on your breath could be reason enough to arrest you, but it may not be enough to prove you were impaired or drunk while driving. Where they look for signs of intoxication it is your lawyer’s job to look for signs of sobriety. Your attorney can also question the accuracy and variable results of sobriety tests that may have been administered to you.
A case like this requires both legal and scientific knowledge. Jarrett Johnston, founding member of Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas, is well-versed in the law and technology used in DUI/DWI cases. With Jarrett Johnston on your side, there will not be one stone left unturned. Keep our Amarillo law firm’s contact information on-hand, just in case. It’s better to be safe than sorry.