The U.S. Constitution and its amendments are in place to protect the rights of Americans from the overreach of government. The role of an attorney in Rockwall, TX, is to protect those constitutional rights. Whenever someone is pulled over by a police officer, those rights could be violated.
Probable Cause
Police officers are not allowed to pull over someone and submit them to any form of a BAC (blood alcohol concentration) test without probable cause. However, the police have a fairly wide latitude in establishing this. Any sign of erratic or “drunken” driving allows them to stop the car.
After the car has pulled over, the officer will immediately strike up a conversation. They are trying to establish the driver’s ability to speak coherently and whether or not they can smell alcohol.
Your Right to an Attorney
Always be polite and respectful, but don’t get into an extended conversation. Simply state that you want to speak with your attorney, although you will not be allowed to make a call at that time. The first opportunity you will have to call an attorney is at the jail, but state that you want to speak to your lawyer before arriving there.
Should You Take the Field Sobriety and Chemical Tests?
This is the number one question people have. The police want you to take the tests and provide evidence against yourself.
* Field Sobriety Tests: These tests are unreliable and can be influenced by the officer’s subjective evaluation and any medical problems you may have. It’s better to refuse to take these field tests, such as the Walk and Turn. However, do not be nasty or rude. Instead, respectfully decline to take these tests.
* Blood, Breath or Urine Tests: These tests are not completely accurate and can be compromised by the officer’s training and the equipment. Officers prefer the breath test because it is the easiest for them to administer, but this is less accurate than the blood test. Urine tests are the least reliable of them all.
If you agree to take any of these tests, you have the right to an independent blood test. Call an experienced DWI attorney as soon as possible.
Texas imposes significant penalties for a DWI conviction. At the Law Offices of Tim Hartley, this experienced attorney in Rockwall, TX, will protecting the rights and future of his clients. Click here to learn more and schedule a consultation to explore your legal options.
