If you have been arrested for a DWI, you might have many questions running through your head. While each DWI case is unique, there is some information that applies broadly to most cases. Our Lake Jakcson DWI lawyer at JM Davis Law PLLC provides some insight into DWI cases and what to expect below.
If you request hearing by the Administrative License Revocation within fifteen days of your arrest, your license might not be suspended can stay valid until the hearing takes place. It often takes several months for hearings to be scheduled. Your license will be valid at least until the date of the hearing. Once the hearing has commenced, the State normally has to be able to prove certain facts for your license to be suspended.
It’s important to be courteous and polite with the officers who have stopped but you don’t have to admit to anything if you feel that it might incriminate you. Simply respond to questions revolving around drinking by explaining that you feel it’s better for your lawyer to be present when answering any questions. Until your lawyer is advising you, state that you would like to use your right to remain silent even if you are being told that you are not under arrest or that you don’t’ require your attorney.
Many people aren’t able to pass field sobriety tests when they are completely sober. If you feel like you are able to pass the tests, then you are free to attempt the tasks the officer is asking you to do. You are also allowed to ask the officer if you are required to take the tests. It is within your rights to tell the officer that you refuse to take a test if your attorney is not present.
Have more questions? You can contact our Houston DWI attorney at (855) 390-0455.
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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