YOUR RIGHTS WHEN FACING A DWI ARREST
A DWI conviction can have devastating consequences personally, financially and emotionally. A DWI conviction most often entails fines, probation requirements, and other obligations that weigh on an individual’s time and money. Simply put, it is critical that you put your attorney in the best position to defend you by simply exercising your Constitutional Rights.
First, exercise your Right to Remain Silent. Too often, people believe that they can talk their way out of any circumstance. This often leaves the individual in a worse spot at trial than they would have been had they simply exercised this right. The State will attempt to argue either that you were bargaining with the Officer because you knew you were guilty, or that the talkative behavior you displayed was a product of intoxication. When an officer either places you under arrest by reading you your rights or reads section 724 of the Transportation Code that requests a sample of your breath or blood it is highly unlikely that he or she will then change his mind, especially due to anything you say. It is important that you exercise this Constitutional Right so that you and your DWI PRO give the State less to argue with at trial.
Also, it is important to remember that you have the physical ability to refuse a breath test. The State cannot force you to breath into a machine. A substantial and sustained deep air lung sample is required to produce a result for an Intoxilyzer machine and the State lacks the ability to make you provide a sufficient breath specimen. While longer license suspensions are attached to refusing a breath test, it is important to remember your already under arrest at this point. Anything you provide at this point is simply ammo for the State to use against you at trial. Many people think that if they provide a breath sample and are cooperative that the Officer will let them go. The Intoxilyzer 5000 (breath test machine) is at the police station. Thus, you are already under arrest, downtown and ready to be processed by the time that you are asked to provide a breath specimen. The breath test machine, like any other, breaks and is not %100 percent reliable. While a breath test case is not undefeatable, the State’s case becomes significantly weaker without a sample.
Remember the above mentioned information. Many people believe that simply being cooperative will get them out of a DWI arrest. This is not the case. It is important to be polite, but always look towards protecting your own interests and rights. Call a DWI PRO today at (210) 222-2288 to help you fight your DWI arrest.