First of all – don’t drink and drive if you can avoid it at all. The penalties are high, the law is stiff, defending against it is expensive, being convicted is even more expensive. The political climate in today’s world is against you if you drink and drive. If you have an alcohol problem or issue with drinking, get help as soon as possible.
If you have been charged with a DWI, you need an experienced, aggressive Attorney to win your DWI case. Doug Goyen takes the time to thoroughly examine the facts and evidence surrounding your case in order to provide you with the best possible defense to defeat your charge.
Mr. Goyen has been fighting DFW cases for almost 15 years to the satisfaction of his clients and is fearless in taking on the police and prosecutors in defending your case. Find out what your options are today. We offer reasonable fees for aggressive, ethical defense. Contact The Law Office of Doug Goyen today at 972-599-4100 for a FREE Consultation.
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WHAT TO DO AFTER ARREST (Should I answer questions? Should I take the breath test?):
Once the police officer arrests you for DWI, they typically take you to the police station to what is known as the “intoxilyzer room”. You are on video when in this room. (You are on video out on the street too – most police cars are equipped with a video/audio recorder). They will ask you if you want to answer some questions on video.
You should ask to talk to your lawyer prior to answering any questions. Tell the officer that you want to cooperate with their requests, but that you want to consult with your attorney first to confirm that what is being asked is lawful. The officer will often tell you that you don’t have a right to a lawyer prior to taking the breath test. This depends, sometimes its true, sometimes its not true – every situation is different. The only way you will know for sure is if you have your lawyer present to verify if they are lawfully requesting you take the test. Remember, stay polite and courteous. But remain firm in your stance that you need to consult with a lawyer before taking any tests or answering any questions regarding the incident / DWI arrest. You will eventually be given an opportunity to make a phone call. Call a lawyer you know, or call a family member or close friend to contact your attorney for you. Attorneys who handle criminal cases often take calls after hours since people are often arrested during the evening / night.
In your phone call, do not discuss the details of anything that happened other than you were arrested for DWI and you need your attorney and bail. Police stations often record your phone calls and can use anything you say against you in your DWI case. Your lawyer must then tell you to not say anything, maintain your rights to remain silent (if you don’t do so, you waive that right).
A Dallas DWI lawyer will never advise you to blow into the machine. Any DWI lawyer in Dallas has seen evidence in cases we have handled of the machines failing or sending out incorrect results. You don’t know if it has been calibrated correctly, if the police officer can somehow manipulate the results in order to bolster his reasoning for arresting you, if something you ate or drank other than alcohol can affect your results, if mouthwash or gum in your mouth may somehow affect the results. Usually, by the time you get to the station to take the breath test, it has been 30 minutes to an hour – so you don’t know if your alcohol in your system went up during that time (due to the alcohol in your stomach being absorbed), or if the alcohol in your system went down during that time (due to your body eliminating alcohol from the body). The police are capable of preserving the breath specimen in order for you to have it retested, but they always destroy the specimen after the breath test – so you have no way to independently verify whether their test was accurate or not. My recommendation, and any Dallas DWI lawyer will recommend you not take the breath test due to the above reasons, and many other reasons not listed. If you know the information above, you will not agree to take the breath test . . . unless you really are drunk and have no idea what you are doing.
Doug Goyen is a DWI lawyer Dallas criminal defense attorney handling criminal issues including, but not limited to DWI’s. To obtain the best possible result regarding you DWI contact our office for a free initial consultation.
Our DWI lawyer Dallas Attorney represents people accused of DWI in the Dallas, Texas area. If you have been accused of a driving while intoxicated, you need an attorney to represent you.
In the United States, the criminal justice system is “adversarial” in nature. What this means in a DWI case is that you have the prosecution on one side (against you), the defendant with his lawyer on the other, and the judge is the referee. The prosecution will try to “win” by obtaining a conviction with as much punishment as possible. In order to protect yourself when accused of DWI, you need an attorney to make sure you are treated fairly.
In a criminal case your liberty is at stake with DWI’s, you have a wide range of punishments a judge can give if you are found guilty – jail time, probation, fines, court costs, community service, surcharges on your license, license suspensions, alcohol monitoring devices on your car or person, alcohol classes, etc. I a DWI you can be hit with multiple fines, expenses, surcharges, and costs of increased insurance premiums that can exacerbate your situation. You need an attorney to ensure you have someone fighting for you.
DWI charges can affect you in multiple ways. You need a lawyer to get the best result. If you need a trial, you need a lawyer to prepare your case. If you need to try and get the case dismissed, you need a lawyer. If you want to see the police video and results of their tests to decide what you want to do, you need a lawyer to gather that information on your DWI case.
Call our DWI lawyer Dallas law office discuss your case to get the representation you need.