| You're driving home after meeting up with some of | | | | officer if you are under arrest. If the answer is no, then |
| your colleagues at happy hour. You had a couple of | | | | tell the officer politely that you would prefer not to |
| drinks but you felt fine to drive home. You change | | | | answer any more questions without first speaking to |
| lanes without signaling and then you see them. Flashing | | | | an attorney. |
| lights in your rearview mirror. You know you haven't | | | | If the officer threatens to place you under arrest or if |
| done anything wrong but your hands tighten on the | | | | he becomes belligerent, remember to stay calm and |
| steering wheel and you feel your heart begin to beat | | | | collected. Your demeanor will speak volumes on a |
| faster. | | | | video recording of the stop. |
| The officer walks to your window and asks to see | | | | Should the officer ask you to get out of the car, |
| your driver's license and insurance. With shaking hands | | | | politely ask why. If he says he wants you to perform a |
| you take you driver's license out of your wallet and | | | | series of tests so that he can decide whether you're |
| you try to think where that insurance card is. The next | | | | okay to drive, politely decline his offer. As a rule, by the |
| thing you know the officer is asking you if you've been | | | | time the officer asks a driver to get out of his car, the |
| drinking. | | | | officer has already made up his mind to arrest the |
| And thus it begins. | | | | driver for driving while intoxicated. You have nothing to |
| What you do in the next few moments can alter your | | | | gain by performing the officer's coordination exercises |
| life in ways you can scarcely imagine. Knowing what | | | | on camera. |
| to do and what your rights are is of the utmost | | | | The officer will ask you once more to exit the vehicle. |
| importance. | | | | Take a deep breath and slowly climb out of the car. |
| The first rule is to be polite. No matter what you do, or | | | | Be very careful not to lean against the car when |
| what you say, avoid getting into a verbal altercation | | | | getting out or when standing. |
| with the officer. The officer has the discretion to take | | | | Should the officer place you under arrest, he will ask |
| you to jail or to let you continue driving down the road. | | | | you to blow into the breath test machine. With one |
| While being polite will not guarantee your being allowed | | | | exception you should never submit to a breath test. A |
| to continue along your way, being confrontational will | | | | refusal could result in a driver's license suspension, but |
| earn you a trip to jail. | | | | if the officer asks you to blow, you are already under |
| The only question that you are required to answer is | | | | arrest. Blowing into the machine will only give the police |
| an identification question. Once you have handed the | | | | evidence they would not otherwise have. |
| officer your driver's license you have answered that | | | | The one exception to this advice is if your local |
| question. When the officer asks you questions he is | | | | jurisdiction is running a "No Refusal" Weekend. If they |
| attempting to detect the odor of an alcoholic beverage | | | | are, you will either blow into the machine or you will be |
| on your breath or to gather other evidence that can | | | | subject to a forced blood draw. Given that choice, you |
| be used against you. | | | | are generally better off fighting a breath test than a |
| When the officer asks you if you've been drinking, the | | | | blood test. |
| best response is to tell the truth. If you have been | | | | While following this course of action may not prevent |
| drinking the officer will smell the odor of an alcoholic | | | | your being arrested on suspicion of drunk driving, it will |
| beverage on your breath. Any answer other than the | | | | prevent the state from gathering evidence to use |
| truth will ruin your credibility with the officer. Keep in | | | | against you in court. Keeping your wits about you can |
| mind that it is not against the law to have a drink and | | | | make the difference between an acquittal and a |
| then get behind the wheel of your car. It is only illegal if | | | | conviction for driving while intoxicated. |
| you have lost the normal use of your mental or | | | | If you've been wrongly arrested for DWI, you need an |
| physical faculties. | | | | experienced DWI attorney to defend your rights and |
| After establishing that you have consumed alcohol, the | | | | restore your reputation. Contact Houston DWI |
| officer will ask you what you had to drink and how | | | | Attorney Paul B. Kennedy for more information and a |
| much you consumed. At this point you should ask the | | | | free consultation. |