DWI Facts

If you were pulled over tonight by police officers that suspect you of driving while intoxicated (“DWI”), would you know how to respond to their questions?

FAQs from unsuspecting citizens who have been stopped for suspicion of DWI:

Does an officer need a reason to pull me over? Yes, an officer must have some reason to pull you over and it is typically for some minor traffic infraction such as speeding, failure to maintain a single lane, running a red light, etc. In other words, most of us provide the officer with a reason to pull us over.

Once stopped, how much information must I legally provide? You must always provide your name, driver’s license and proof of insurance. And if you are asked to step out of your car, you must comply. However, any questions about where you have been that evening or how much you had to drink etc., are planned illicit responses the officer will use to build a case against you in court and YOU DO NOT HAVE TO ANSWER THESE QUESTIONS!

Will the officer have an in-car video of my stop? Yes, all officers typically have an in-car video that is primarily used to build a case against you in court. The video is used to show you slurring your words, dropping your wallet, leaning on your car for support, and performing poorly on any field sobriety tests you choose to perform.

If I am asked to perform sobriety tests at the scene or later at the station (They have videos of you at the station, too!) must I comply with the request?

NO! This is just more evidence for the officer who is building a DWI case against you! Officers have no evidence unless and until you voluntarily provide it!

Do I have to provide a specimen of my breath or blood? NO! REFUSE ALL TESTS!

Will my license be suspended if I refuse a blood or breath test? Yes! But it will also be suspended if you do give a blood sample or provide a specimen of your breath and it is .08 or higher! (I have never had a client blow below a .08!)

Can I call my attorney and have them present for the blood or breath sampling? NO, ARE YOU NUTS?? THE OFFICER’S JOB IS TO BUST YOU! NOT ASSIST YOU! Written by Leigh E. DeMasi*, at the firm of DeMasi Criminal Defense at 214-443-3843.*

Ms. DeMasi is a former assistant district attorney for Dallas County who has prosecuted and now currently defends hundreds of accusations of criminal wrong doing in North Texas. Call for a free consultation or visit her at www.DallasLegalDefense.com.

KNOW YOUR RIGHTS AND BE PREPARED! A DWI CONVICTION IN TEXAS CAN COST YOU ANYWHERE FROM $1000 - $2000 A YEAR FOR THREE YEARS JUST TO KEEP YOUR LICENSE!