Thursday, July 8, 2010

Drunk Driving Defense

Most of us have heard stories on whether or not to take a breathalyzer or the sobriety tests that the police officers administer during a DWI stop. As always the best method to keep yourself from getting a DWI is not to drink and drive, but if you do happen to get pulled over the following tips will help improve your chances of beating a DWI conviction.

The only thing that you are required to do when you are pulled over for a DWI is to give the officer your proper identification. You do not have to take the breathalyzer or sobriety tests. However by not taking these tests you may run the risk of being arrested and facing a temporary suspension of your license. However refusing the tests does not automatically mean that you will be arrested and temporarily lose your license.

Compared to a DWI conviction an arrest and a temporary loss of your license are nothing. By refusing to participate in the sobriety tests and breathalyzer you limit the amount of evidence that can lead to your guilty conviction in the court of law. Any Dallas DWI Lawyer will agree that it is hard to convict someone for a DWI if there is not evidence to support it.

Make sure you are polite when you inform the police officer you will not be taking the tests. It is usually best to politely ask the officer if you are required to take any of the tests, and then say something like, "I am not intoxicated, and I do not feel comfortable taking tests that I have never performed before." Remember police officers may be recording audio/video so make sure to state that you are not intoxicated and be polite during all interaction with the officer.

This method is commonly referred to as the just say no method, and the idea is that to limit the amount of incriminating evidence against you. Once again this does not ensure that you will not be found guilty for driving while intoxicated in the state of Texas, but it can improve your chances in the court of law.

The best way to keep from getting a DWI is to not drink and drive. If you are unsure about whether or not you are ok to drive, a taxicab is a lot cheaper than a DWI.

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