A Guide To The Drunk Driving Arrest Process
Knowing your rights and how to behave during a Driving While Intoxicated (DWI) arrest can significantly impact the outcome of your case. When charged with a Texas DWI, there are a few different phases of the process, including the initial stop, being booked at the police station, and calling a Houston DWI lawyer.
The Initial Stop and Your Rights
A DWI arrest typically begins with a traffic stop. Police officers need a valid reason to pull you over, such as erratic driving, a traffic violation, or a checkpoint. Then, they will observe your behavior and look for signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol.
If the officer suspects you are under the influence, they may ask you to perform field sobriety tests which are designed to assess your balance, coordination, and cognitive function. You have the right to refuse these tests, although refusal can lead to further suspicion. The officer may also request a breathalyzer test to measure your blood alcohol concentration (BAC). In Texas, refusing a breathalyzer test can result in an automatic license suspension due to implied consent laws.
Understanding your rights during a traffic stop is crucial.
- Remain silent. You have the right to remain silent. Politely inform the officer that you choose to exercise this right.
- Right to refuse searches. You have the right to refuse a search of your vehicle unless the officer has probable cause or a warrant.
- Request an attorney. You can request to speak to an attorney, but this right typically applies after you are taken into custody, not during the initial stop.
If the officer believes there is sufficient evidence that you are driving while intoxicated, you will be placed under arrest, meaning the officer will handcuff you and read you your Miranda rights, informing you of your right to remain silent and your right to an attorney. Then you will be transported to the police station for booking. During this time, remain calm and cooperate with the officers.
Once you are at the police station, the booking process begins. You will be photographed, fingerprinted, and the details of the arrest will be recorded. To establish your BAC further chemical testing, such as a blood or urine test, may be administered. Until you can be released on bail or your initial court appearance, you will be held in a holding cell.
Contact a Lawyer as Soon as Possible
It’s essential to connect with a Houston DWI lawyer as soon as you are able. Your lawyer can inform you of your rights and guide you on how to protect them throughout the process. They can also represent you in bail negotiations and prepare your defense. Plus, an attorney can assist with administrative hearings related to driver’s license suspensions.
Do you need a lawyer? If you’ve recently been arrested for drunk driving, the answer is yes. Having a conversation with attorneys at Ayson Law Firm in a timely manner is key to you receiving the best legal representation. Contact us today for a confidential consultation.
