DUI in Texas? Traffic Stop in Texas?
So you've been out on the town celebrating the holiday's, or you just left grandma's house after Christmas dinner and you're feeling buzzed. You get in the car and head home...only to see those flashing lights in your mirror...and not the festive kind!
What happens after you've been pulled over and suspected of a DUI?
Provide Your Driver’s License, Insurance, and Registration
You are legally required to carry your driver’s license, insurance card, and vehicle registration. If you're not carrying these things, you can be charged with a completely different set of offenses, including interfering with a police officers duties.
Politely Decline to Answer Additional Questions
You always have the right to remain silent. The officer pulling you over will probably ask you a million questions. You do not have to answer anything!
Be polite and invoke your right to remain silent so that they don't have any incriminating statements from the scene.
Decline to Submit to Field Sobriety Testing
Believe it or not, you do not have to take a field sobriety test. They may insist that you do, or even intimidate you into making you do that, but it is your right to politely decline! Doing so can protect you from having evidence gathered against you.
Take the Breathalyzer Test Only if You Have Had 2 Drinks or Less; Otherwise, Refuse
If you are arressted on-scene, you will be taken to a nearby police station, where the officer will ask you whether you want to take a breathalyzer test. It is your choice whether to take the test or refuse.
Before you make the decision, the officer will read you what is called an “Implied Consent Advisory." The key thing to understand here is that if you blow UNDER a 0.08, you will not suffer any administrative consequences.
So this is the crossroads you will come to, where you need to make an important decision. Be honest with yourself. Did you only have two drinks or less? If you did, you could very well blow under .08, taking the test at that point may not be so bad. But if you've had more than 2, then you should refuse.
**This advice is opinion only, please consult an attorney
Having an attorney's information is key for situations like this! Ashmore & Ashmore has a team of skilled attorneys on standby that are always ready to help you with a DUI charge. For more information, call Ashmore and Ashmore or visit our website, www.ashmorelawfirm.com