IF YOU ARE STOPPED BY THE DWI COPS TONIGHT, DO YOU KNOW

YOUR LEGAL RIGHTS?

Did you know that you will be video and audio taped during the investigation and the entire ride to the jai?  What you say, how you act, and what you do will be shown to a judge and 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 cop asks you?  Do you know why a cop is asking you a particular question?  He wants as much evidence as he can get to justify arresting and convicting you.  He is not trying to find a reason to let you go home!

• YOU DON'T HAVE TO PERFORM THE "EYE TEST"!   Would you go to the police department to get an eye exam for glasses or to check on a vision problem? (Of course you wouldn’t!).  The cops are testing your eyes for HGN (Horizontal Gaze Nystagmus) but there are 38 causes of HGN other than alcohol or drugs. Also there are 47 different types of Nystagmus.

• YOU DON'T HAVE TO PERFORM ANY COORDINATION EXERCISES! (Standardized Field Sobriety Tests or SFSTs)!   It is very unlikely that you will be released if you even try these exercises.  Most citizens cannot “pass” the SFSTs.  They are judged subjectively by the cop and the cop decides whether you passed or not.  YOU HAVE THE LEGAL RIGHT TO REFUSE ANY AND ALL FIELD SOBRIETY TESTS! THE CHOICE IS YOURS.

• YOU DO NOT HAVE TO TAKE THE BREATH TEST!  There are two types of breath testing devices.  The actual Intoxilyzer 5000 is what we think of when we talk about the breath testing machine.  It is maintained at the jail but can also be housed in the BAT Mobile (breath alcohol testing unit or the mobile breath testing van).  According to the State of Texas Breath Testing Program the cops can't even ask you to take the breathalyzer 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.    The other device is the Hand-Held PBT (Portable Breath Test).  The PBT is about the size of a mini-camcorder (or large cell phone) and the courts do not allow the cops to testify about the BAC that it reads.  The cops can only testify that there is the presence of alcohol on your breath.  So if you are under 21 years of age the presence of alcohol alone can get you arrested for DUI. You don't get let go because you blow low.  Don't blow in either of these devices! You have the right to appeal any Drivers License suspension the cop threatens you with! 

• YOU DO NOT HAVE TO GIVE A BLOOD TEST!   NEVER voluntarily submit to a Blood Test. How do you know the blood vial was correctly prepared? Labeled? Transported? Stored?  Make the cop get a warrant to perform invasive scientific tests on your body! If the Officer gets a warrant, we can attack it later in front of a Judge.

Something To Think About...  
Do you know how much overtime money the cop earned last year in court due to DWI arrests?  DWI cops in Texas can make as much, or more, arresting people for DWI than they make on “regular” patrol.  Often, whether they are in the DWI Unit depends on how many DWI arrests they have made.  It can fatten their wallet to arrest as many people as they can for DWI. 

FACT: A survey showed that Austin, Texas was no. 3 and San Antonio, Texas was no. 1 on the TOP TEN BOOZING CITIES

If you are looking for an exceptionally trained and educated, DWI / DUI attorney or lawyer to aggressively represent you on your DWI case or any criminal matter, call 512.278.0935 (Austin) or 210-DWI-DUDE (210.394.3833) (San Antonio) or contact me by e-mail at jamie@dwidude.com

If I am in trial, my personal assistant Ashley Nichols can assist you.
Click here for an immediate response: ashley@dwidude.com