Drunk driving, according to the Centers for Disease Control and Prevention, is a leading cause of auto accidents and deaths on American highways. As a result, Texas police have no qualms about arresting people for driving under the influence.
However, honest people make mistakes, and if you are facing DUI charges in Texas, it is important to know the defense strategies that may apply to your case.
If you would like to speak with an experienced Dallas criminal attorney, contact the Law Offices of Robert Gregg. Mr. Gregg offers free initial consultations and will aggressively defend your rights. Schedule a consultation by calling (214) 891-7536.
In the meantime, read on to learn your rights during a DUI traffic stop:
You Do Not Have to Agree to a Breathalyzer Test
Unless you know for certain that you will pass a breathalyzer, you may wish to refuse taking the test. It is true that your license will be suspended, and you will likely be detained, but refusing could help your case if it goes to trial. Without an actual reading from a breathalyzer, there is less physical evidence that you were intoxicated at the time of the arrest.
Even if you have taken a breathalyzer test and it showed that you were inebriated, there may still be an effective defense against your charges. With the right defense, your attorney may be able to convince the courts to reduce the charges or penalties, or to dismiss the charges altogether.
You Do Not Have to Answer Questions or Participate in a Field Sobriety Test
Though it is perfectly within your rights to decline any questions from the police, you should never lie. If an officer asks if you have been drinking, you can choose to remain silent or state that you are uncomfortable answering any questions without a lawyer present.
If you have only had a drink or two, it is possible that you are not legally intoxicated. Unfortunately, there is no reliable way to predict how much alcohol it takes to raise your blood alcohol concentration above the legal limit. Factors such as weight, diet and even sex can influence your tolerance.
Field sobriety tests are another area of concern for those who have been pulled over. It is completely within your rights to refuse these tests.
In general, field sobriety tests are not a reliable way of proving that you are drunk, because they rely on the officer’s subjective assessment of the driver’s performance. You have the option to state that you are uncomfortable participating in a test without legal representation.
A DWI conviction can threaten your finances and personal freedoms. If you have been charged with driving while intoxicated, a criminal attorney can aggressively fight for a positive outcome to your case.
At the Law Offices of Robert Gregg, we treat each case as if our personal freedoms are at stake. To schedule a fee case evaluation, call our office at (214) 891-7536.