When someone is pulled over in Texas and is suspected to be intoxicated the police will ask that individual to step out of their car and take a Breathalyzer test by breathing into the device. The device will measure the amount of alcohol content in their system, and the officer will be able to determine if that driver is intoxicated.
If you’re pulled over for a suspected DWI, the first thing to remember is to be cooperative. It might be a scary situation to be in, but there are a few things to keep in mind to make sure you don’t escalate the situation even further.
What to expect upon the stop
If you’re pulled over and suspected of drinking, it’s likely that you’ll be automatically arrested, even if you pass a field sobriety test. This is why you should never drink and drive, even if you feel fine or if you’ve only had one or two drinks. Remember that it is the police officer’s job to protect the public, so if they suspect that you’re intoxicated and a threat to the public, they can arrest you on the spot, with no tests required.
If you’ve been arrested for driving while drunk, there is very little you can do at that moment to make your case better or beat the charge. It’s important to be cooperative, do what the police tells you, and contact a Houston DWI attorney or criminal lawyer as soon as possible.
Depending on your history and if you have other charges prior to this one, you could face jail time, pay fees of up to $10,000, and will likely lose your license for a certain amount of time. In some cases, you’ll be required to use an ignition interlock on your vehicle until your probation is over.
Don’t voluntarily do a test on the spot
Texas has implied consent laws. These laws state that when you apply for a Texas driver’s license, you agree in advance to submit to a chemical test conducted in roadside sobriety exams. So the officer’s are correct in saying that you are breaking the law by not complying with the test. If you refuse, there is an immediate suspension of your license for 180. However, if you take the test and fail, then the consequences will be much worse further down the line.
The officers will threaten to take your license if you don’t comply with a field sobriety test or breathalyzer, but if you take the test and fail, your license will be taken anyways.
Taking a test on the spot and having that record of the account runs you the risk of being charged with a Class B Misdemeanor if your BAC is under .15. Beyond the legal fine, you also face increased insurance costs and a criminal record which can cause employment issues in the future.
If you are looking for a Houston DWI attorney, marijuana attorney or a criminal defense lawyer, contact Christopher T. Gore for more info on how he can best represent your case.