WHAT TO DO IF YOU ARE PULLED OVER AND YOU HAVE HAD ALCOHOL:
Don’t drink and drive. That’s the first word of advice from this Dallas DWI
lawyer. Nobody is comfortable seeing someone impaired get behind the
wheel of a car and then drive. People do not want to be victimized by someone
who cannot control their car.
Always try to be courteous to the police. They have a stressful and dangerous
job. If you are respectful and courteous to the police officer who pulls you over,
they are more likely to give you the benefit of the doubt and send you on your
way if you are not impaired. On the other hand, if you are rude or disrespectful,
and if they can smell alcohol on you, you are only giving them an excuse, and
you have nobody to blame but yourself if arrested for rude or disrespectful
behavior. A DWI can be proven by an officers “opinion” that you are intoxicated.
They can be very convincing in testifying that a person was intoxicated in their
“opinion”. You don’t want to nudge them towards not liking you and feeling like
something must be wrong with you in the way you are acting . . . Don’t give
them an incentive to want to arrest you for some reason due to your behavior.
Police officers will try to win their cases once they make an arrest. It becomes
a competition at this point. Most officers want to “win” and prove what they did
was the correct course of action. It reflects on their record and ability as an
officer. Officers get paid overtime to testify in court, so it is additional and
higher pay. They have an incentive to try and win their case, both
psychologically, and financially.
Once an officer turns on his lights to pull you over, you need to drive as
courteously as possible, and pull to the side of the roadway as quickly as
safely possible. The longer you take, the more likely they will use your delay in
pulling over as evidence you were indeed DWI. Pull to the side of the road,
park your vehicle, and turn it off. Wait inside the vehicle for instructions from the
police officer of what to do next.
If the officer asks you to step out of the vehicle, do so with your hands visible,
and without any quick or sudden movements. Do not put your hands in your
pockets. At this point in the stop, the police officer usually has no idea who you
are or what you are up to. They are usually on heightened alert at this time and
are looking to make sure you have no weapons. Do not give him a reason to
think you may have a weapon in your pockets somewhere – keep your hands
out of your pockets. Have your driver’s license and proof of insurance with you
to hand to the officer. Remove these items from your wallet and hand them to
the officer. This shows the officer that you understand the situation, and that
you understand what he requires. It is some proof of your ability to think clearly,
which is evidence of you not being intoxicated.
If you have an odor of alcohol, the officer will ask you if you have been drinking.
Unless you have a legitimate reason why you smell like alcohol and were not
drinking (like if someone poured a beer on you but you really didn’t have a
drink), then you should be honest with the officer and admit that you did indeed
have an alcoholic beverage. If you deny it the officer will be suspicious that you
are hiding information from him. The officer will often then ask how many
drinks you have had. If you answer more than a couple, you will likely find
yourself under arrest.
If you have had more than two beers, you have the right not to incriminate
yourself. You are not forced to answer. You may ask the officer if he is placing
you under arrest and why you were stopped. If the officer says you are under
arrest, you should ask for a lawyer before answering any questions. You
should then ask that your attorney be present for any field sobriety tests that the
officer wishes to perform. Advise the officer that you do wish to perform the
tests, but when your attorney is there to advise you of which tests are valid and
which ones he has to actually perform.
If the officer says you can’t leave but you are not under arrest yet then you
should again ask for a lawyer, if in Dallas, then ask for a Dallas DWI lawyer that
you know of to be present. Do not over explain, just make the request. The
officer will then be forced to be careful not to violate your rights you have just
invoked. In order to continue detaining you, he must have a articulable
reasonable suspicion that you are involved in criminal activity / DWI. The officer
must have more than a gut feeling or hunch. His detaining you cannot exceed
the duration, scope and purpose of the actual reasonable suspicions he
actually has.
In order to actually arrest you, the officer must have probable cause to make
the arrest. This is more than the reasonable suspicion he had to detain you in
the first place. This has been defined by Texas courts as the type of evidence
that “would lead a reasonable person, based on that person's experience and
training, to believe that a crime has occurred.”
In summary, be courteous, remain silent with incriminating information (don’t
lie, just remain silent and ask if you are under arrest, and why the officer has
stopped you). Ask for your attorney, usually a local attorney knows the local
system best. So if in Dallas, ask for a strong, aggressive, and knowledgeable
Dallas DWI lawyer, and let the officer do his job.
Don’t drink and drive. That’s the first word of advice from this Dallas DWI
lawyer. Nobody is comfortable seeing someone impaired get behind the
wheel of a car and then drive. People do not want to be victimized by someone
who cannot control their car.
Always try to be courteous to the police. They have a stressful and dangerous
job. If you are respectful and courteous to the police officer who pulls you over,
they are more likely to give you the benefit of the doubt and send you on your
way if you are not impaired. On the other hand, if you are rude or disrespectful,
and if they can smell alcohol on you, you are only giving them an excuse, and
you have nobody to blame but yourself if arrested for rude or disrespectful
behavior. A DWI can be proven by an officers “opinion” that you are intoxicated.
They can be very convincing in testifying that a person was intoxicated in their
“opinion”. You don’t want to nudge them towards not liking you and feeling like
something must be wrong with you in the way you are acting . . . Don’t give
them an incentive to want to arrest you for some reason due to your behavior.
Police officers will try to win their cases once they make an arrest. It becomes
a competition at this point. Most officers want to “win” and prove what they did
was the correct course of action. It reflects on their record and ability as an
officer. Officers get paid overtime to testify in court, so it is additional and
higher pay. They have an incentive to try and win their case, both
psychologically, and financially.
Once an officer turns on his lights to pull you over, you need to drive as
courteously as possible, and pull to the side of the roadway as quickly as
safely possible. The longer you take, the more likely they will use your delay in
pulling over as evidence you were indeed DWI. Pull to the side of the road,
park your vehicle, and turn it off. Wait inside the vehicle for instructions from the
police officer of what to do next.
If the officer asks you to step out of the vehicle, do so with your hands visible,
and without any quick or sudden movements. Do not put your hands in your
pockets. At this point in the stop, the police officer usually has no idea who you
are or what you are up to. They are usually on heightened alert at this time and
are looking to make sure you have no weapons. Do not give him a reason to
think you may have a weapon in your pockets somewhere – keep your hands
out of your pockets. Have your driver’s license and proof of insurance with you
to hand to the officer. Remove these items from your wallet and hand them to
the officer. This shows the officer that you understand the situation, and that
you understand what he requires. It is some proof of your ability to think clearly,
which is evidence of you not being intoxicated.
If you have an odor of alcohol, the officer will ask you if you have been drinking.
Unless you have a legitimate reason why you smell like alcohol and were not
drinking (like if someone poured a beer on you but you really didn’t have a
drink), then you should be honest with the officer and admit that you did indeed
have an alcoholic beverage. If you deny it the officer will be suspicious that you
are hiding information from him. The officer will often then ask how many
drinks you have had. If you answer more than a couple, you will likely find
yourself under arrest.
If you have had more than two beers, you have the right not to incriminate
yourself. You are not forced to answer. You may ask the officer if he is placing
you under arrest and why you were stopped. If the officer says you are under
arrest, you should ask for a lawyer before answering any questions. You
should then ask that your attorney be present for any field sobriety tests that the
officer wishes to perform. Advise the officer that you do wish to perform the
tests, but when your attorney is there to advise you of which tests are valid and
which ones he has to actually perform.
If the officer says you can’t leave but you are not under arrest yet then you
should again ask for a lawyer, if in Dallas, then ask for a Dallas DWI lawyer that
you know of to be present. Do not over explain, just make the request. The
officer will then be forced to be careful not to violate your rights you have just
invoked. In order to continue detaining you, he must have a articulable
reasonable suspicion that you are involved in criminal activity / DWI. The officer
must have more than a gut feeling or hunch. His detaining you cannot exceed
the duration, scope and purpose of the actual reasonable suspicions he
actually has.
In order to actually arrest you, the officer must have probable cause to make
the arrest. This is more than the reasonable suspicion he had to detain you in
the first place. This has been defined by Texas courts as the type of evidence
that “would lead a reasonable person, based on that person's experience and
training, to believe that a crime has occurred.”
In summary, be courteous, remain silent with incriminating information (don’t
lie, just remain silent and ask if you are under arrest, and why the officer has
stopped you). Ask for your attorney, usually a local attorney knows the local
system best. So if in Dallas, ask for a strong, aggressive, and knowledgeable
Dallas DWI lawyer, and let the officer do his job.
Law Office of Doug Goyen - Dallas DWI Lawyer
9502 Webb Chapel #205
Dallas TX 75220
Local: CALL NOW
Phone: (972) 599 4100 or toll free (855) 599 4100
Fax: (972) 398 2629
DWI Lawyer Dallas
9502 Webb Chapel #205
Dallas TX 75220
Local: CALL NOW
Phone: (972) 599 4100 or toll free (855) 599 4100
Fax: (972) 398 2629
DWI Lawyer Dallas
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Office Locations:
(972) 599 4100 (main office)
(972) 599 4200
(214) 509 8783
15851 North Dallas
Parkway #600
Addison, Texas 75001
(Main Office)
9502 Webb Chappel Rd #
205
Dallas, Texas 75220
(Espanol)
5300 Landau Court
Plano, Texas 75023
(mail only)
(972) 599 4100 (main office)
(972) 599 4200
(214) 509 8783
15851 North Dallas
Parkway #600
Addison, Texas 75001
(Main Office)
9502 Webb Chappel Rd #
205
Dallas, Texas 75220
(Espanol)
5300 Landau Court
Plano, Texas 75023
(mail only)