How To Legally Fight A DUI In Houston Pt 2

Helpful Ideas On Dealing With Your Houston DUI Charge

Part 2

  • (Continuation) Only provide the necessary information. Tell the truth but at the same time don’t say anything that may incriminate you. You are required by law to provide an officer with your full name, driver’s license, registration for the vehicle as well as proof of insurance. You aren’t required to tell them if you have been drinking, how much you have been drinking, when you had your last drink, etc. Don’t be rude and calmly inform the officer that you have been advised not to answer any further questions until your attorney is present.
  • You have the right to refuse a sobriety test and in most cases, you should do so. This includes field sobriety tests and handheld breathalyzer tests. If you refuse, your license will immediately be suspended. However, it also means that law enforcement has no evidence against you other than what they witnessed and their subjective interpretation of your sobriety and the events when you were pulled over. Although sobriety tests and handheld breathalyzers are notoriously unreliable, the results are accepted in a court of law and it isn’t going to help you with your case.
  • If you refuse to take sobriety or handheld breathalyzer tests, you will probably be arrested and taken to the police station. In most states, you will be legally obligated to take the tests at the police station. If possible, take a breathalyzer test and not a blood test. Blood tests are irrefutable whereas your attorney can challenge the validity of a breathalyzer test reading in court. If you were drinking, this strategy may give your body a little extra time to metabolize the alcohol and you may have lower blood alcohol concentration readings as a result.
  • When you are arrested for driving under the influence, you will be detained at the police station for a short period until you are able to post bail. Cooperate with the police and follow their instructions. Keep to yourself.

After you have been released from jail, make a record of the events. Write down or record every detail that you can recall including:

  1. What type of alcoholic beverages you consumed and how many.
  2. How much time passed between finishing your last drink and being pulled over.
  3. Where you were and what you were doing before getting behind the wheel of your car.
  4. The location where you were pulled over.
  5. If you took a chemical test (blood or breathalyzer), at what time and where the test was performed.
  6. How much time passed between your last drink and taking the chemical test.

Remember that you have the right to an attorney and that it is highly recommended that you use this right. Call an attorney who is experienced and skilled at dealing with DUI cases as soon as possible and discuss the case with them. You should insist on having your attorney present before answering any questions from law enforcement or making a statement to avoid saying anything that may incriminate you.

Visit our blog for more related articles. We also invite you to contact or call us today if you are in need of the best DWI Law Attorney in Houston. Click here for the third article in this series.