|
After having some good time in a bar, you would not even dream of getting arrested by an officer under Texas DWI laws. However, having a couple of beers at a bar would certainly intercept your way home. You should note that driving while drinking is not prohibited in many states, but driving while intoxicated is prohibited everywhere. It is also worth noting here that the law only provides that the crime of DWI occurs when a person drives, and at that time he is intoxicated by having an alcohol concentration of 0.08 or more in his body.
Moreover, we should also bear in our mind that it is not a per se crime to have an alcohol concentration of 0.08 in the body either before or after one has driven, but at the time of driving. Whatever the case may be, you must keep in mind that the prosecution in these cases would refer to four main evidences in order to convict you. These include the driving pattern, physical appearance, chemical test and field sobriety tests.In case, you’ve had a party time with your friends and you wish to go back home, then you must be extremely careful. Here are some of the do’s and don’ts, you need to keep in mind in order to save yourself from being convicted by the prosecutor. a) Lights: Remember that law enforcement offers are vigilant towards your response. The officers are more careful when they observe some of the unnatural things happening, such as the way you appear, drive your car or act. You must know that the officers are looking out for sings of mental or physical impairment. These may include your inability to notice their lights, siren, facing trouble while parking the car etc. The best way is to keep your appearance neat. Do not appear in front of the officers with your shirt untucked, zipper undone or shoes untied. These would work as positive reports once you are arrested. You must park in an appropriate manner and wait without getting impatient. Always keep your headlights on.
b) Be Careful When An Officer Approaches You: Most people feel that a couple of breath spray would fool the cop. It is better to be true and have your license, registration and insurance proof in a location where you can easily retrieve them. Do not fumble when producing these documents. Be confident, cooperative and follow the instructions honestly.
c) How To Talk: Once you are caught on road and asked to stop by the cops, you must say that the drinking stopped only moments before the lights went on. Remember that the crime is driving under the influence or driving above legal limit and not being above the legal limit by the time you are brought down to the station. In case, the officer invites you get out of your car for field sobriety tests, you may refuse them. These tests are voluntary. In case, you just had a drink or two, try giving these tests as you can get home once you clear these tests.
d) Roadside Breath Test: The roadside breath test is dangerous and has a tendency to hurt your case. Make sure that you do not take these tests. Luckily, even Texas Department of Public Safety does not approve these devices for use in criminal prosecutions or in administrative license revocation proceedings. Try to contact an experienced DWI attorney as soon as possible. Sometimes these law enforcement officers may allow contacting your attorney before you answer their questions or even undergo tests. Remember, everything can go in your favor provided you have an expert attorney to represent your case. Breath test, using PBT, is generally the first test you may be required to undergo, but you can easily refuse for this test. The most common device used for a breath test is called PBT that in itself is controversial. Moreover, neither the Texas judiciary, nor the vast majority of the scientific community has recognized PBT. In fact, no one considers these devices as accurate and reliable (except police) for the detection of intoxicated drivers. Moreover, legally there is no "implied consent", whatsoever, for purposes of compelling a person to submit to such tests, and there is no driving license suspension when you refuse to a law enforcement request to submit to a PBT. |
