3 Key Things You Should Do If You're Suspected of DWI and Are Asked to Submit to a Blood Test
3 Key Things You Should Do If You're Suspected of DWI and Are Asked to Submit to a Blood Test
Every year tens of thousands of people are stopped by the police and questioned about whether they might be under the influence of alcohol. Police automatically inquire about alcohol whenever they pull someone over late at night. Many people who are pulled over and have only had one small drink often wonder what they should say and do if they are asked to take a field sobriety test, breathalizer test or blood test. Here are 3 key things you should do if you're suspected of DWI and are asked to submit to tests to determine your blood alcohol content:
Do Not Make Any Statements
A reasonable course of action is for you to say as little as possible, do as little as possible, and be as polite as possible. Do not make ANY statements to the police officer about drinking before you have been arrested. These statements are automatically admissible in court.
You do not have to lie. Simple remain silent. Your silence cannot be used against you. Politely tell the officer your name and address only and do not make any statements or waive your rights. Everything that you say or do on the video is going to be used against you, so be sure to remain calm and be polite.
Politely Refuse All Testing
Short of physically refusing, you should politely refuse all sobriety testing and never give the police permission to take a sample of your blood. Additionally, you should never provide a blood sample thinking the police will get a warrant anyway. Be respectful and polite to the police officer, but do not allow him to force you to take any tests.
Deciding whether or not to take a blood test is a personal choice. If you refuse to submit to a blood test, Texas laws require officials to automatically suspend your driver's license for 180 days. However, a Houston criminal defense attorney would recommend that you refuse to take the test unless you are sure that your blood alcohol level is below the legal limit.
Still, if you have had even one drink, this is a risk. And the administrative penalty for a blood test refusal is less than the penalty for a DWI conviction and you may be able to avoid a DWI conviction by refusing a test because there is no evidence of the amount of alcohol in your system.
Ask For A Houston Criminal Defense Attorney
Ask for a Houston criminal defense attorney as soon as you enter the video room. DWI arrests are serious and can have severe consequences. If you refused a blood test when arrested, you need to contact a Houston criminal defense attorney who specializes in DWI defense immediately. Your Houston criminal defense attorney will be able to help you fight any charges and may be able to help you reduce your penalties.
Paul Darrow is a Houston criminal defense attorney who provides legal representation for individuals with felony and misdemeanor charges. He specializes in DWI, drug possession, intent to deliver or delivery of drugs, sexual offenses and assault cases in the Houston office of Darrow Law Firm. Many of his clients have never previously been charged with a felony or misdemeanor. To schedule a free consultation, contact Paul Darrow at (713) 641-5300 or visit www.pauldarrowlaw.com
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3 Key Things You Should Do If You're Suspected of DWI and Are Asked to Submit to a Blood Test Anaheim