What to Do If You Are Stopped
DWI Stops Don't Mean You're Guilty
By the time you are reading this, it may already be after you or a family member has been stopped and charged with DWI. Your actions at the scene of the traffic stop and at the police station may make all of the difference in how your case is resolved.
Crain Lewis Brogdon, LLP provides serious DWI and DUI defense for people who have found themselves in the tough situation you are now in. Whatever happened, we want you to know that we will defend you aggressively, with extensive experience and investigative resources at our disposal. We know your rights—let us defend them.
Contact a Dallas DWI lawyer today to schedule a free consultation about your case.
- Pull Over Immediately: After the police flip on their lights or siren to stop you, do your best to safely pull over immediately. Do not try to find a safe parking lot or side street. The police may interpret it to mean that you were trying get away. It is their responsibility to make sure the pullover is safe for you and them. Keep it simple. Just pull over, come to a complete stop, roll down your window, and stop your engine. Make sure you have your seatbelt fastened.
- After a Traffic Stop, Don’t Speak Unless Spoken To: Don't let your mouth get you in trouble. Speak to the police officer only when spoken to and answer questions in short, truthful statements. You do not have to speak directly into the officer's face, or look the officer in the eyes. The less you say, the less opportunity the police will have to interpret the smell of your breath or speech.
- Provide All Documents Immediately: Give the police your driver's license, registration, and insurance information as quickly as possible, saying nothing.
If Law Enforcement Asks You to Step Out of the Car
Get out of the car as quickly as possible and stay near your car. Stand erect, and do not lean against your car for support or make any physical motions that would cause the police to believe that you may be impaired. Remember, the entire traffic stop is being videotaped. Remain where the camera will follow your actions and don't give the prosecution any video evidence they can use against you.
If the police ask you to go through some steps for the field sobriety test, don't argue with them on constitutional grounds. When you accepted your driver's license, you gave them implied consent to administer tests. You may refuse to take the field sobriety test, but do so politely, and exercise your right to an attorney immediately. The police cannot physically force you to take the test. After you tell them you refuse, the police will be required to read your rights and warn you of the consequences.
At the Police Station
At the police station, you will be asked to submit to a breath test and a blood test to determine whether your blood alcohol content (BAC) was more than the legal limit .08% for adults or .0% for minors. Don't be under the impression that cooperating with the police will help you get off easy.
The prosecutor will use the test results against you. If you refuse to take the tests, invoke your right to an attorney immediately. The police must clearly inform you of the consequences and stop further processing until your lawyer is present. It is important to hire an experienced DWI lawyer as soon as possible after you are charged, or think you may be charged.
Contact Crain Lewis Brogdon, LLP to help protect your rights every step of the way. Our Dallas DWI attorneys are here to get you through this time.