If an officer pulls you over and smells the odor of alcohol, chances are you'll be subjected to a DWI investigation.
Here's the best advice the Butler Law Firm can give, if you find yourself in the situation of driving under the influence, coming from an experienced DWI/DUI lawyer in Houston, TX:
(1) Be polite and respectful. Nobody likes a jerk. Even if you disagree with the officer's opinion, it's important for you to be polite and respectful - "yes sir/mam, no sir/mam." Always assume you're being audio and video recorded.
(2) Follow the officer's instructions, and don't be combative. Traffic stops are considered inherently dangerous to officers, and they are taught that every traffic stop could be their last. Don't give them a reason to fear you. Save your fight for the courtroom.
(3) Respectfully refuse to perform any field sobriety tests including the "eye test" and the police balance and coordination exercises. You don't have to take them, and even sober, most people will score "clues" of impairment. Remember, if an officer asks you to perform field sobriety tests, the chances are good that you're going to jail. The goal at that point is to find "clues of intoxication", which justify arresting you, and taking you in for a breath or blood test to inevitably get you on dwi charges. You are not going to convince them not to arrest you by performing well on these tests, and you pay the consequences of drinking and driving.
(4) Refuse to give a specimen of your breath or blood, especially if this would be your first dui offense. When I first began practicing DWI law In Harris County, 23 years ago, "don't blow" was the advice every lawyer gave. Things have drastically changed, and in Harris County, Texas, blood draws are the new "norm". Blood search warrants are now routinely issued to take a sample of your blood if you refuse to provide a specimen of your breath. But whether it's a breath test or a blood test, all chemical testing is subject to human error and interpretation. A skilled lawyer can successfully defend you in these cases, especially those cases where rule number 5 below is followed.
(5) Politely exercise your right to remain silent. Our law allows every person the right to "remain silent" and not say anything that can and will be used against you at trial. This is the most important right you have. Exercise it. They may tell you that you don't have that right because the DWI is only in the "temporary investigation" stage, or something like that, to get you to give them the information necessary to prosecute your case. Respectfully refuse to speak. They cannot force you to do otherwise. Once you exercise that right - don't waive it by initiating conversation with the officer, or evidence technician, or anyone for that matter. As I mentioned earlier, always assume you are being audio and video recorded.
If you have received a DWI in Houston, TX and are now looking at this thinking there are 1 million things you could have done differently. Don't fret, there is still much hope for you. Having looked at our above recommendations for your well being and seeing what you didn't do already, we don't want to chance you hindering your case's option for "Successful Outcome" any further than you already have. Especially when it comes to the legal proceedings. Your type of situation is something we deal with and handle every single day working to get our clients happily out of the court system. Reference some previous cases. Let us help you so we can work to get you out of this stressful time and move on with your happy, everyday life with your friends and family looking back and saying "I am glad I hired Jim Butler Law". Regardless of the outcome, our main concern is you, and helping you move forward in a positive direction.
Source from : https://www.thehoustondwilawyer.com/dwi-pull-over-...