As soon as an officer decides to pull you over for on the suspicion of drunk driving (DWI / DUI), he starts making observations that he will put in the officer report. The officer report can have a significant impact on the outcome of both your criminal trial and your ALR driver's license hearing. One of the first things the officer does is make a mental note of how you pull your vehicle over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report.
Officer officers are trained to be cautious and to protect themselves. Officer almost always approach a car from behind so they have a clear view and so the driver would have to turn completely around in order to shoot or attack them. Do not make any sudden movements and keep your hands on the wheel at 10:00 and 2:00.
When an officer pulls you over you are likely on video. Most officer cars now days have dash-mounted video cameras and officer-mounted microphones. Know that everything you do or say will be on video, and that video will make or break your court and ALR driver's license case. If you are rude or hostile, the officer is likely do everything possible to get you convicted, including write an incriminating officer report. Know that you are on camera, and that a jury will likely one day view your arrest video. How do you want to look to a jury?
Upon being pulled over on the suspicion for driving while intoxicated (DWI) or driving under the influence (DUI), you are required to give an officer your name, driver's license, and proof of insurance. That is all. When an officer asks you if you have been drinking, kindly say, "I invoke my fifth amendment right against self-incrimination." Do the same when the officer asks you where you were coming from, where you are going, and if you are intoxicated.
You are not required to perform a field sobriety test. Field sobriety tests are not reliable indicators of intoxication. Most people cannot do a field sobriety test proper even when sober. Kindly, knowing you are on camera, refuse all field sobriety tests.
You are not required to blow in a hand-held breathalyzer. Roadside breathalyzers are notoriously unreliable and there are countless ways to skew their results. Do not provide a roadside breath sample.
Do not provide any breath or blood samples. In Texas, you are under no obligation and you are not required to provide a breath or blood sample. Do not provide one. Kindly tell the officer, knowing you are on camera, that you respectfully refuse to provide a blood or breath sample.
The more notes you take about your arrest the easier it will be for your attorney to fight the charges against you.
Include in your notes things like the following.
- What you were doing and where you were doing before you drove?
- How much you had to drink?
- Did you inject, intentionally or not, any drugs?
- How long was it after you drank or did drugs that you were arrested?
- How did the officer behave?
- What did you tell the officer?
- How many police cars were on the scene?
- Where were you when you were pulled over?
- Where and when, if at all, were you read your Miranda rights?
- If you provided a breath or blood sample, how long had it been since you had a drink?
Visit our DWI page and read about your rights, find out what the law is, and read about the penalties that you could face.
You need and deserve an aggressive and experienced lawyer who will fight for you rights. Call The Law Offices of Jonathan Zendeh Del, PLLC today for a free DWI consultation in Galveston, Texas.