Your Rights in a DWI Traffic Stop in Fort Worth

Traffic stops are always stressful. Even if you are not drunk, or are sure your blood/alcohol level is below the DWI level, you may face tough questioning or be asked to take humiliating sobriety tests.

In this situation, many drivers become intimidated. You may end up giving up your rights or becoming over defensive. It’s important to remain calm and to look out for evidence of your rights being infringed.

There are some key questions you should ask yourself. A police officer or a trooper in Texas can’t pull you over for no reason. Pertinent questions are:

• Did the officer involved act within the law when he or she pulled you over? Was there a legitimate reason for the initial stop? If the officer does not give you a reason, ask politely why you were pulled over.
• If you were ordered out of your car, there should have been a valid reason.
• You may not know whether the arrest followed legal guidelines and the relevant statues but try to make a note of the circumstances. We will pursue the issue of whether it was lawful.
• You also have rights over whether tests were properly carried out. Note anything that appears suspicious
• Consider whether tests were carried out properly. We will look at whether the test equipment was properly calibrated.

At the Medlin Law Firm, we will work tirelessly and aggressively to make sure your rights were protected in a DWI arrest in Texas.

When you are stopped by a police officer, you should never get out of your vehicle unless you are asked to do so.

The police officer will often ask to see your driver’s license, insurance and registration document. The police officer may ask if you know why you have been stopped. You should not give a positive response to this question like “I know I have a light out.”

If you do so, you will be giving the police officer justification for the stop. Tell the officer you have no idea. Put the onus back on the officer to provide justification for the traffic stop.

Say as little as possible to the police officer. Law enforcement will be looking for information to justify the stop, particularly if the officer lacks a good cause.

If the officer suspects you have been drinking alcohol, you may be asked how much you have consumed. Many people fall into the trap of saying too much. Although you should not lie to the officer, you are not required to say everything. Saying you invoke the 5^th Amendment is the best strategy.

If you are asked to get out of your car, you should comply. You should refuse a search of your person or vehicle unless it is demanded by the officer. Also refuse a breath test of a field sobriety test on the spot.

If you will refuse, you will be taken to a medical facility for a blood test. Assuming a warrant is properly obtained, you should comply at this stage. You have a right to have a blood test performed by a medical professional of your choice within two hours of your arrest.

Request a criminal defense lawyer as soon as possible. You have a right to access to a lawyer under the Sixth Amendment. If you are denied legal counsel, a police officer is violating your rights.

There are few experiences as traumatizing as being stopped and accused of driving drunk. Our Tarrant County attorney has well over three decades of experience in these cases. We are dedicated to aggressively defending your rights. Call us for a free consultation at (682) 204-4066.

 

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