If you were stopped by police in Houston for suspicion of Driving While Intoxicated (DWI) its important to realize that you have a number of rights, under Constitutional Law, that you need to be aware of if you want to limit the detrimental consequences of the situation at hand.
Should You Participate In Field Sobriety Testing?
You have a Constitutional Right known as “The 5th” which protects you from being compelled to serve as a witness against yourself, and that protects you from being compelled to partake in situations which will force you to engage with law enforcement in a way that may cause you to imply your own guilt. Always take advantage of your right(s).
As a DWI defense lawyer in Houston for over 23 years, I’ve always advised my clients, and the general public, against taking actions that may help law enforcement (the Harris County DA’s Office) gain an edge against me in court, or in the partaking of actions that may provide evidence to the State of Texas that they may not otherwise have at their disposal.
Sometimes, a tricky decision has to be made when stopped by police.
If you know for a fact that you aren’t intoxicated, you have to make a decision about whether or not to cooperate with police in these situations.
Intoxicated or not, going home beats going to jail.
Chances are, if police officers think you’re intoxicated, they’re probably going to take you to the Harris County Jail anyway, so there’s really no benefit to participating in these “roadside test” and playing those “stand on one leg” games with police officers.
But what if I’m not intoxicated?
However, when I’m discussing DWI arrest prevention, I’m always sure to remind my clients that, while they may be able to beat a Houston DWI charge in court with my guidance, they won’t be able to avoid the ride to jail, the booking process, and the costs associated with bonding out of jail on a drunk driving charge.
With that said, in some cases, cooperating with police can be a good thing if you think you can work your way out of an arrest, but if you fail in your efforts, you’ll double the pressure on your case by providing the officers with evidence against you, that you volunteered, when you decided to cooperate with DRE & DWI sobriety tests.
For this purpose, I, attorney Jack B. Carroll, am a staunch advocate of keeping your 5th Amendment rights near, dear, and ready to make clear when need be.
What Other Rights Do I Have During DWI Stops?
As previously stated, you have a right to not participate in Field Sobriety Testing. You also don’t have to provide answers to police officers about where you’re going, or from where you originated. Also, you may also keep your medical condition, if any, private, and avoid answering any questions as to whether or not you’ve ingested any prescription medication prior to driving. Answering “yes” to questions like these can net an arrest for DUI; Driving Under the Influence (of drugs).
If you have closed compartments on your vehicle, you don’t have to extend to police officers the liberty of accessing these areas, especially if they’re under lock and key.
Can You Beat A Houston DWI Charge?
I’ve been a criminal defense lawyer in Houston for over 23 years, I’m Board Certified® in criminal law, and I’ve won some of the most impossible cases for my clients. In fact, at the time, I was the first DWI defense attorney in Texas to gain a favorable verdict for a defendant being prosecuted for DOUBLE INTOXICATED MANSLAUGHTER (read about it).
With that said, I’ve always been a strong believer in the value of results. To that end, I feel that my criminal case results for DWI defense you should demonstrate my ability to successfully defend Houstonians who are facing criminal charges for Driving While Intoxicated.
While every case is different, if you’re considering allowing me to serve as your attorney, I’m more than willing to sit down with you, at no cost, and review the details of your case and give you my honest opinion as to the best way to proceed with your Houston DWI defense.
My name is Jack B. Carroll. I offer free consultations and I invite you to call my office at 713-228-4607 to begin the process of moving forward with your case.