If a law enforcement officer pulls you over due to suspicion of driving under the influence of drugs or alcohol, they could arrest and charge you with DWI in Texas. In case of a conviction, you can face severe penalties, including license suspension and hefty fines, not to mention possible jail time.
The ideal way to avoid a DWI charge in Texas is to follow the safety rules. Do not drink and drive. If you are drinking outside your home, use a designated driver or return home by cab or a rideshare service. However, if you do end up in a compromised DWI position, you should consult with an experienced DWI attorney in Texas as soon as possible. This article will provide three practical ways to avoid a DWI in Texas.
Cooperate With the Officer, but Do Not Self-Incriminate
When law enforcement stops you for a suspected DWI in Texas, be cooperative with the law enforcement officer, but do not divulge any self-incriminating information. Under Texas laws, you don’t have to volunteer information to a police officer that you were out drinking with a friend or how much liquor you consumed.
Texas law has not made it mandatory to take a chemical test, except under specific circumstances. The law does not require you to submit to field sobriety tests because these tests are unreliable. The law does not even require you to answer any of the probing questions of the officer. If you agree to submit to a blood test for suspected DWI in Texas, you have the right to get the test done privately at your expense within two hours of your arrest.
Do Not Admit Anything and Do Not Plead Guilty
Even if you believe you consumed alcohol within the legal limits before driving, do not admit it to the police officer. Officers can utilize any information indicating your consumption of alcohol against you to prompt a DWI investigation. In a situation where you submit to a chemical test, you do not have to plead guilty automatically just because you exceeded the legal BAC limit. A skilled DWI lawyer will always advise clients to avoid this common error.
If you have not admitted to any guilt, you still have the possibility of avoiding a DWI charge for a variety of reasons. An experienced DWI attorney in Texas may be able to defend you by establishing facts, such as faulty methodology or defective equipment resulting in an unreliable blood, breath, or urine reading. A professional can also underline an officer’s failure to follow the lawful arrest protocol.
Know Your Rights
If you know your rights, you can help yourself avoid a DWI conviction in Texas. Some of these rights include:
- The right to remain silent
- The right to be free from unlawful search and seizure
- The right to refuse a DWI chemical test or field sobriety test (even though a refusal may be used against you later on)
- The right to obtain a copy of the police report (even if the officer deters you from accessing the record of the incident)
- The right to a lawyer
Fight a DWI Conviction with the Right Attorney
If you are facing a DWI conviction, you can fight it. At Flood & Associates our team of experienced, passionate, and dedicated DWI defense attorneys will give you the best defense possible. With an unbeatable win rate and an in-house blood laboratory, no one in the state of Texas compares to our resources. Call our team 24/7, 365 at 713-224-5529 for a free case review and start defending your rights today.