Your rights:
General:
During the stop:
Testing:
Sentencing:
Your rights:
Absolutely. The police officer may act as though you have already been proven guilty, but that’s not the case. There are many defenses in a DWI case including testing inaccuracies and delayed testing time. Do not settle for a guilty verdict without first consulting an expert Dallas - Fort Worth DWI attorney.
An officer typically pulls potential DWI suspects over because of either a traffic violation or because the driver is exhibiting some driving characteristic that the officer believes is possibly caused by intoxication. More often than not, it's because the vehicle is "swerving" either inside or outside it's lane of traffic. First of all, there are many reasons, other than intoxication, for a vehicle not driving exactly straight down the roadway.
Some factors may be,
The list can go on and on. There are many defenses for this type of driving behavior and he has been successful many times in pointing out to juries reasons for poor driving other than intoxication.
Second, field sobriety tests, better known as Standardized Field Sobriety Tests, are very subjective. Everyone is different and everyone has different abilities when it comes to "balancing" tests such as the SFSTs. As with driving behavior, there are many other reasons, other than intoxication, for not performing well on the SFSTs. Injuries, being overweight, being tired, and a general inability to balance can inhibit even the most sober of drivers in performing the tests successfully. As with driving behavior, he is masterful at investigating, evaluating, and pointing out to the jury the other factors involved with unsuccessful performance on the SFSTs.
A defendant CAN and SHOULD fight DWI charges. There are many defenses to even the most seemingly hopeless case. Contact A Dallas DWI Lawyer to discuss your case and get a FREE consultation and initial evaluation to determine what defenses you have.
You have the right to remain silent and the right to an attorney, even if you cannot afford to hire one yourself. You also have the right to be protected from unreasonable police searches.
Ok, that being said, an officer has the right to ask you questions relating to his suspicion of DWI/DUI and is not required at that point to read you your "Miranda" warnings. "Miranda" only applies to "custodial interrogation" and a traffic stop and subsequent questions are not considered to be a "custodial interrogation." That being said though, you can bet that anything you say in response to such questioning can and will be used against you at court. Basically though, you only have to give the officer identifying information and provide him with a driver's license and you do not have to answer any questions regarding anything else. BUT, the practical side to exercising your right to remain silent will be that the officer will arrest you and charge you with DWI for sure, if he has the least bit of suspicion regarding your level of intoxication, and you refuse to answer questions.
Next, although the United States Constitution states in part that you have a right to an attorney prior to and during any questioning, that right only applies to various types of situations. Courts have held that the Standardized Field Sobriety Tests are NOT evidentiary in nature and therefore you do not have a right to an attorney prior to or during the taking of the tests. Once again, you can bet that the state's prosecutor will most assuredly use the officer's testimony as well as the video of the field sobriety tests being performed at trial as evidence of your guilt.
Last, in discussing your right to be protected from unreasonable searches, the largest part of your constitutional right dealing with this issue doesn't apply to DWI/DUI. First of all, courts have ruled that the police cannot just summarily search an individual's vehicle without there being certain circumstances that would allow the officer to search for his own safety. However, once an officer makes an arrest of a driver, a search "incidental to arrest" may then be conducted. This allows the officer to search through your vehicle without the need for a search warrant.
In summing up your rights, drivers are always much better off limiting their answers to the officer's questions and NEVER take the field sobriety tests. Advise the officer that you are not trying to be uncooperative but that you would like to speak to an attorney before answering any questions or taking any field sobriety test. THEN...Call the Law Office of A Dallas DWI Lawyer as soon as possible to set up a free consultation to discuss your case.
General:
During the stop:
Testing:
Sentencing:
For further information regarding your DWI/DUI case, please contact Dallas - Fort Worth, Texas DWI attorney and A Dallas DWI Lawyer today.
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