by Houston Criminal Defense AttorneyWhat to do if you are stopped for DWI.
Posted by ADAMO / ADAMO
Being a criminal defense attorney the #1 question we are asked is, “What do I do if I am pulled over for DWI?”
Below is a checklist of how to deal with the situation.
Familiarize yourself with it; learn it; or…
Upon being stopped, turn your car off, throw the keys out the passenger window, get out of the car, channel you inner “Animal House”, and put down a fifth of whiskey.
Okay, DON’T DO THAT!
Legally, however, it would be difficult for the State to prove your blood alcohol level (BAC) at the time of driving or that you lost the normal use of your mental and physical faculties at the time of driving (essential elements theState must prove beyond a reasonable doubt).
Of course you could also find yourself with additional criminal charges or shot in the chest by a spooked police officer.
Just to be clear…again…DON’T DO THAT!
Not too long ago any asked attorney would tell you the answer to the #1 question is refuse, refuse, refuse. Refuse everything. This of course was before the evolution of, amongst other things, mandatory blood draws. Now attorneys differ as to how they would handle being pulled over on suspicion of DWI. Refusing still plays a prominent role, with a twist.
This is what we would do.
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Law Office of ADAMO / ADAMO
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