Law Services for Our DWI/DUI/CRIMINAL DEFENSE Attorney

FYI:

1. DWI cases are hotly contested in most cases.  Even so, some cases are "Dismissed" outright, without a trial or term of onerous community superision.  Your refusing to do tests or provide samples will HELP YOU in the end.  Don't answer their questions.   They are just trying to build a case to support their decision to arrest.  They are supposed to do it the other way around. 

Remember , the "State" wants to use everything you give them against you.   So our stern advice is: DO NOT PARTICIPATE in any tests, be they field sobriety tests or breath or blood draw alcohol tests.  Tell them no.  As I said above: They are going to arrest you anyway.    As soon as they smell (or think they smell) alcohol on a driver, you are going in.  They arrest first and ask questions later. 

They can take your blood, over your objection, with a court order. MAKE THEM GET ONE.   Your refusal to give blood or take a breath test will cause the DPS to come after your license for 90 days.  IT IS STILL WORTH IT.  Why give them evidence of driving while intoxicated that they will  use to harm you?  Bear in mind, too:  not all attempts to suspend because of a "breath (or blood) test refusal" are successful.  I beat my last three in a row.   Just because they want your license, it doesn't mean they will get it, unless you let them by not fighting.  Representation at the Administrative License Revocation (ALR) hearing is separate from defending the criminal accusation.

2. Don't SAY ANYTHING to them except "I WANT TO SPEAK TO MY ATTORNEY," and your name and address when asked.  You aren't going to talk them out of arresting you.  They are going to do that as soon as they decide you have been drinking before driving.  If they smell alcohol, they just presume you are drunk, whether you are or not.  Even if it is coming from your passenger:  They smell it.  You are DRIVING.  You must be Driving While Intoxicated.   Sheesh!  Can't they get over themselves?

No matter how they hound you, intimidate you, or what they promise you, just remain silent except to ask for your attorney (US!).   Thry are not your friends.  They are trying to build up a case to support their decision to arrest, rather than the other way around.

Don't admit drinking or how much, or where or when etc.  You are cutting your own throat if you start talking about that!  Q: "Have you been drinking?"  A: SILENCE.  Q: "How much have you had to drink?"  A: SILENCE!  Cops: "I smell alcohol!  You've been drinking tonight, right?"  You: NOT A WORD!! except "I want to speak to my attorney."  Cops: "You will get to speak with them when we are finished."  You: "We are finished.  I want to speak to my attorney."  Cops: "Step over here, I want you to perform some tasks".  You:  "No".  Just no.  Don't hesitate.  Don't consider.  Just NO.  No explanations, no comments, no context.  Just NO.  Cops: "Turn around, place you hands behind your back.  You are under arrest for suspicion of drunk driving".  If you followed these rules, that's ALL THEY HAVE; Suspicion.  No evidence, to speak of.  Your chances of a conviction just went WAY down.

3.  For CDL HOLDERS a new safety enforcement regime is HERE.  The DoT and FMCSA are taking direct control of the process and are instituting the personal compliance review (and possible monetary penalty) policies they have talked about for the last 7 years.  Send me an e-mail and we can discuss how this will affect you.

4. The DIVERT Progam sounds good at first, but a closer look reveals that it is very difficult to live up to and will have lots of complications, like a community supervision (probation) officer to report to, an ignition interlock device to mess with and pay (and pay!) for, drug and alcohol testing and counseling (to mess with and pay for -see a pattern?) , community service to accomplish etc. etc. etc.  My advice: "Almost always, PASS on it." 

DWI Attorney, Domestic & Family Assault, Drug Charges | Houston, TX.