Some Tips For How To Handle A Dwi Stop

Being stopped in Austin or the surrounding area by a law enforcement officer for a DWI investigation can be an incredibly frightening experience

. However, there are some responses and actions that can help the situation to go as smoothly as possible. The first thing to remember, of course, is that the old adage is true: more flies are drawn by honey than by vinegar. That is to say, being polite, respectful, and courteous will always be more effective than being rude and belligerent. The officer is simply doing a job. Remember that, and the encounter will go much better. Being harsh or accusatory will only inflame the situation.

The officer will most likely want to conduct a field sobriety test. The purpose of this test is to help the officer confirm suspicion of DWI. Field sobriety tests can consist of the Horizontal Gaze Nystagmus test, the Walk and Turn, and the One Leg Stand test. Since many officers lack the training necessary to correctly and consistently analyze all that they observe during these DWI field tests, it is sometimes recommended that the request by the officer to perform a field sobriety test be declined in a polite fashion.

"You have a right to have an attorney present during the questioning." This phrase is part of the Miranda rights of every U.S. citizen. However, when stopped for a DWI, this right is not initially present. In fact, the right to speak to a lawyer is not granted until the DWI investigation is complete and an arrest has been made. Even still, when stopped for a DWI investigation, it is still a good idea to request a lawyer throughout the process.

The U. S. Constitution guarantees that no one is required to offer self-incriminating evidence. In other words, no person can be compelled to give evidence that would lead to a conviction. In a DWI investigation, questions will be asked by the police officer. It is appropriate to voice the desire to speak to a lawyer before answering any questions. However, it would also not be unreasonable to volunteer certain information without an attorney present.

If an arrest occurs, it is extremely important to contact an Austin DWI Lawyer immediately. In the state of Texas, failing field sobriety, breathalyzer, and blood tests can result in automatic driver"s license suspension unless a request for a hearing is filed within 15 days of the arrest. An experienced Austin DWI lawyer knows when, where, and how to file such requests. And, a defense lawyer will be the only one who will have the rights and interests of the one who was stopped as a top priority.

by: maxstephon

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