There’s a lot of misinformation about what happens when you’re pulled over for suspicion of drunk driving. The officer has asked you to step out of the car and wants you to take a set of field sobriety tests. You’re in a vulnerable situation. You have to do what the cops say…right?
And after you’ve been arrested, don’t you have to take a breathalyzer test? Surely you’re not allowed to tell the cops, “no.”
Below, we’ll clear up some of the more common misconceptions about DWIs. An experienced DWI attorney can answer any additional questions you may have.
Defense Attorneys Discuss DWI Myths in Dallas
The experienced legal team at Law Offices of Richard C. McConathy has focused extensively on DWI cases. Since 2002, we have defended thousands of clients. If you’re facing DWI charges, you need a strong defense. The Law Offices of Richard C. McConathy will advocate for you and aim for the most favorable outcome possible.
Common DWI Myths in Dallas
- Myth One: I Must Submit to a Field Sobriety Test
- Myth Two: I Must Submit to a Breath, Urine, or Blood Test
- Myth Three: I Can Only Get a DWI if I Was Caught Driving Drunk
- Additional Resources
Myth One: I Must Submit to a Field Sobriety Tests
When you’re parked on the side of the highway in the glare of police lights, it’s natural to be nervous. When a police officer suspects you of driving while intoxicated, he’ll ask you to submit to a set of field sobriety tests. Under those circumstances, it may seem like an order rather than a request.
Many people agree to the field sobriety tests. But you have the right to say no.
If a cop thinks you’re intoxicated, there’s a good chance they’ve already decided to arrest you. A field sobriety test is an opportunity for the officer to gather evidence to establish his probable cause for pulling you over. Your test results can also be used as evidence against you at trial.
Myth Two: I Must Submit to a Breath, Urine, or Blood Test
After you’ve been arrested, the police will want to measure the amount of alcohol in your system. To do this, they will need to perform a chemical test. You’ll be asked to submit to a breath, urine, or blood test. You should know that you have the right to refuse.
The first time you refuse a test, your license will be suspended for 90 days. Each subsequent refusal will result in a two-year suspension.
While your license is suspended, you can apply for an occupational license (also called an essential need license). This will allow you to drive to work, school events, and to perform necessary household duties.
Whether you agree to a chemical test or not, your license will end up suspended. Schedule a free consultation with one of our attorneys to discuss the implications of refusing one of these tests.
Myth Three: I Can Only Get a DWI if I Was Caught Driving Drunk
Most DWI arrests happen after a cop pulls someone over on the road. But you don’t even have to be driving to be charged for DWI. If you have one too many drinks and try to sleep it off in your car, you could still get taken in on DWI charges.
You don’t even have to be in your car to be arrested for drunk driving. If an officer has reason to believe you’re intoxicated and recently drove a vehicle, you can be charged with DWI.
What Is an Occupational Driver License? | Texas DOT – The Texas Department of Transportation oversees all transportation matters in the state of Texas. Visit this link to read about the process of obtaining your occupational driver’s license after a DWI arrest.
Driving While Intoxicated (DWI) | Texas DOT – The Texas DOT also provides a convenient summary of Texas DWI law and the penalties for breaking it. Visit this website to review the penalties for first-time DWI convictions as well as subsequent offenses.
Dallas Defense Lawyers Discuss DWI Myths
Over the thousands of DWI cases the Law Offices of Richard C. McConathy has handled, we’ve just about seen it all. Whether you’re a first-time offender or you’ve been through the DWI process before, our attorneys can work to help you obtain a more favorable outcome.
Our attorneys at Law Offices of Richard C. McConathy have worked extensively in the Dallas, Collin, Tarrant, and Denton County courts since 2002. We know the judges and the politics particular to each local court system. Contact us today at (972) 233-5700 and schedule a free consultation to discuss your case.