Our team at JM Davis Law PLLC is passionate about protecting our clients' rights. We understand how a drunk driving offense can turn your life upside down. Knowing that our team is on your side, protecting you during this stressful time, can provide you with great peace of mind. If you or a loved one has been arrested for driving under the influence (DUI) / driving while intoxicated (DWI), call JM Davis Law PLLC immediately for a free consultation with a Lake Jackson DWI defense attorney.
If you are stopped while driving and you test above the legal limit for blood alcohol content (BAC), you may be charged with driving while intoxicated. In most cases, the legal limit in the state of Texas is one to two drinks. Factors such as height, weight, and whether or not you had something to eat will affect your BAC.
If the law enforcement officer who pulls you over suspects that you have been drinking, he or she will typically ask that you perform a chemical test. This test will require a sample of your blood, urine, or breath. In the state of Texas, drivers are subject to what is known as an "implied consent law," which can be found in section 724.011 of the Texas Transportation Code. This law states that anyone who accepts the privilege of operating a motor vehicle in the state has effectively given their 'implied consent" to submit to a chemical test at the request of a law enforcement official for the purpose of determining their sobriety.
Contact JM Davis Law PLLC at (855) 390-0455 for a free case evaluation as soon as possible to learn more about protecting your license and your freedom after a DWI arrest.
If you know that you can pass the tests when asked to perform them, you can choose to take them--but keep in kind many peiple can't pass them when they are sober! attempt them.
Otherwise, tell the officer you’d like to contact a lawyer, and refuse the field sobriety tests without a lawyer present.
Another approach you could take is asking the officer if you’re required to take the field sobriety tests. The honest answer: no, you’re not.
Stay polite and courteous, but do not apologize or admit to anything. Don’t try to talk your way out of anything, as you will likely incriminate yourself indoing so.
Exercise your rights. When the officer asks you incriminating questions-How much have you had to drink? When did you have your first drink? and so on...explain that your are uncomfortable answering questions of a criminal nature without an attornery present-ask to have your attorney present for any questioning, and tell the officer you otherwise would like to exercise your right to remain silent. Regardless of his response to your statements (“You’re not under arrest” or “You don’t need an attorney”), remain silent.
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