When drivers see the flashing lights in your rearview mirror after a night with friends or family and a few drinks, the sense of dread that envelopes most drivers is understandable. The inevitable interaction you are about to have with a law enforcement officer will determine whether you drive home or the officer hauls you off to jail. Most people presume that a DUI arrest and conviction is inevitable in such a situation, but many people drive home following such encounters while only fifty percent of those who take a DUI case to trial are convicted. What every motorist should keep in mind is that your decisions and behavior when stopped after consuming alcohol in Texas can significantly impact both the short-term and long term outcome of this confrontation. We have provided some helpful tips that may put the odds in your favor:
Defuse Officer Hostility: Police officers have a difficult job when they pull a driver over. Many officers are shot during these encounters so officers have a certain amount of apprehension when pulling over a vehicle. Drivers who do a lot of reaching around in their vehicle or place their hands where an officer cannot see them will only increase the apprehensiveness of the officer. When you pull over, you should promptly remove your license from your wallet and grab your vehicle registration and hold both documents in your hand while keeping your hands visible on the steering wheel. The officer will ask for these documents so simply hand them to the officer when he asks.
Be Cooperative But Not Too Cooperative: While you should be courteous and respectful, you are not obligated to provide information about any of the following issues about which the officer may inquire:
Where are you headed?
Have you been drinking?
How much have you had to drink
Where are you coming from?
If you have had anything to drink, you should never volunteer answers to any of these questions. The officer’s inquiries have two objectives. The first objective is simply to get you to admit information that will provide sufficient basis to conduct a DUI investigation and/or support probable cause for a driving under the influence arrest. If you are asked these questions, a polite response that you would rather not answer any questions without a lawyer is appropriate. The officer will also be observing you during this interaction for signs of intoxication. Common physical signs that appear in police reports that are alleged to suggest intoxication include odor of alcohol on the breath, watery bloodshot eyes, slurred speech and lack of coordination. The more you engage in a discussion with the officer the more opportunity the officer has to look for these signs of alcohol impairment.
Just Say No: The officer may ask you to participate in field sobriety tests (FSTs) and take a portable breath test. Motorists are not required to participate in either of these activities so there is no benefit in doing so if you have had even a small amount to drink before driving. FSTs have many flaws and portable breath tests can also be inaccurate so you should simply ask the officer if either type of testing is completely accurate. The officer will not be able to claim that they are completely accurate, which provides a basis for you to justify waiting until you talk to an attorney before performing any testing or answering any questions.
While following these tips will not necessarily prevent a DUI arrest, police officers will generally have less evidence to establish probable cause for an arrest. If the officer is not able to rely on physical signs of impairment, FSTs or a portable breath test, the evidence available for a Texas DUI prosecution may be sparse. Texas DUI attorney Alex Tyra offers a free consultation during which he can advise you about your legal rights and potential strategies for avoiding a DUI conviction. We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.
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