If You Are Stopped By Law Enforcement for Suspicion of DWI, Do You Know Your Legal Rights?

RE: Collin and Denton County Plano and Frisco DUI or DWI traffic stop advice.

Did you know that you will likely be video and audio taped during the investigation and the entire ride to jail?  What you say, how you act, and what you do may ultimately be shown to a judge and/or jury, so be on your best behavior!  Always be polite, don’t use profanity, don’t beg, don’t cry, don’t act hysterical, and don’t talk or fall asleep in the police car!  If you get arrested call us immediately.

• Invoke your right to remain silent!

  Do you know you have the right to remain silent about any question the police ask you?  Law enforcement officers ask a lot of questions at the scene because they want as much evidence as possible to justify arresting and convicting you. They are only looking for evidence of your guilt and anything you say or do that is short of perfection will be deemed by the officer to be a sign of intoxication!   They are not “making sure you are okay to drive” despite what they may say!

• Don't perform the eye test!

  Do not agree to take the Horizontal Gaze Nystagmus (HGN). There are approximately 38 causes of HGN other than alcohol or drug consumption. There are also 47 different types of nystagmus. Read more here.

• Don't perform any coordination exercises!

  You will likely be asked to perform the Walk and Turn test and One Leg Stand tests. It is very unlikely that you will be released even if you try these exercises.  Most citizens cannot “pass” the SFSTs regardless of how much alcohol they have consumed.  These tests are judged subjectively by the officer and he or she decides whether you passed or not.  YOU HAVE THE LEGAL RIGHT TO REFUSE ANY AND ALL FIELD SOBRIETY TESTS! Read More Here.

• You do not have to take the breath test!

  There are two types of breath testing devices used by law enforcement agencies in Texas.  The Intoxilyzer 5000 is what we think of when we talk about the breath testing machine.  According to the State of Texas Breath Testing Program regulations, the cops can't even ask you to take the breath test unless you are already under arrest for DWI or DUI. You are already arrested by this point so don’t make the mistake of thinking they will “un-arrest” you if you should "pass" the breath test by blowing under 0.08. Even if your breath test score is below 0.08, you can still be arrested for DWI, if the officer thinks you have lost the normal use of your mental or physical faculties. The other device is the Preliminary Breath Test (PBT). The PBT is about the size of a pack of cigarettes and the courts do not allow officers to testify about the results of the PBT as it has not been proven to be reliable, scientific evidence.  The officer can only testify that the PBT was administered and that there was a presence of alcohol on your breath.  If you are under 21 years of age the presence of alcohol alone can get you arrested for DUI. Do not agree to submit a breath test in either of these devices. The officer will inform you that a breath test failure or refusal to submit a breath test may or will result in a license suspension. You have a right to have a hearing before your license is suspended if you timely request the hearing. So, if you have already been arrested, contact us immediately before it is too late to request the hearing!

• You do not have to agree to a blood test!

  You should NEVER voluntarily submit to a Blood Test. How do you know the blood vial was correctly prepared? Labeled properly? Transported and stored appropriately?  If the officer wants a sample of your blood, make him get a warrant! If the officer gets a warrant, you have no choice but to submit a sample at that point, but we can fight this later in front of a Judge.

Please consult an experienced DWI or DUI attorney to see what other defenses can be used to eliminate of minimize your charge. To learn more about Field Sobriety Tests and DWI defense contact Mr. Kyle Shaw, an experienced Plano McKinney and Allen DWI attorney at (214)726-0088.