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Posted by R. Scott Magee

The holidays are fast approaching. And, even though things are a little different this year due to COVID, many people will use their time off from work to enjoy friends, family, and drinking. The easiest way to avoid DWI charges is to NEVER drink and drive. If you can, there are so many options to avoid this situation – Uber, Lyft, and other ridesharing apps are just a click away on your phone. It IS worth the trip to get your car the next day from another location to avoid going to jail.

But, if you do get behind the wheel after drinking, remember of few things. If you pull over, turn the car OFF and take the keys out of the ignition. It may sound silly, but many cases in Texas involving the operation of a vehicle NOT driving, but when the engine is on and the person is pulled to the side of the road. If you are pulled over while driving, immediately signals, pull over safely, correctly identify yourself, and then REMAIN SILENT. You do NOT have to do any roadside tests or provide breath or blood samples to the officer. If the police say “we just need to check your eyes” or “we just need to make sure you are okay to drive,” it is a trick. Do NOT do it. You may simply say, “no thank you, officer. I respectfully decline to do any tests. I would like to remain silent. And, I would like to talk to a lawyer.”

Do not discuss your day, where you have been, or how much you have had to drink. Do NOT say you have had “a couple of drinks.” That is a signal to the officer that you are under-reporting your drinking. You may simply say, “I do not wish to discuss my day, officer.” Then, ask if you are being detained or are free to leave. They likely may arrest you for DWI and you will get a license suspension. But, it is better to get a license suspension than to give the police evidence against you in a DWI. You are on camera from the time you are pulled over until you might be booked in jail. Remain polite and courteous to the officer. But, REMAIN SILENT. They may get a warrant for your blood and then take it. That is the law. But, it can be fertile ground for cross-examination at trial. The police are not being friendly to you because they are nice. They are building rapport with you to get evidence from you. They are trained to do so at the academy.

There are many fees, charges, and driver’s license implications that arise from DWI charges. We can help with many of those problems and the case itself. If you need help contact us.

Posted in DWI


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