What To Do If You're Arrested

Do You Know Your Rights?

Contact Our Texas DWI Lawyers as Soon as Possible!

What you should know BEFORE a traffic stop
What to do AFTER you've been arrested

The law firm of Christopher N. Hoover, P.C. is committed to defending and promoting responsible social drinking. Our experience has shown that most clients do not fully understand their rights -a fact that many arresting officers may readily exploit.

If you (or a family member or friend) have already been pulled over, questioned, or arrested for suspicion of drunk driving, it is critical to assert your constitutional right to consult an attorney at the earliest opportunity. Our prompt intervention may be able to prevent police from circumventing your rights under Texas and U.S. laws.

The following information is intended to inform you of your rights, and is not a substitute for a lawyer's advice for your specific situation. We encourage you to print out our Driver's Rights Card. Keep it in your glove compartment and hand it to the officer if you are asked about drinking and driving. Then contact Christopher N. Hoover, P.C.

What You Should Know BEFORE a Traffic Stop

It is not illegal to drink and drive - only to operate a vehicle if you are over the Texas legal limit of .08 or drank too much. Making an assumption that you are sober - before getting behind the wheel or at the time you are pulled over - is the greatest single mistake you can make. If there is any doubt about your sobriety, you should call a cab or a friend, to protect yourself and prevent a tragedy.

• Estimating Your Blood Alcohol Content

But suppose the red flashing lights appear behind you. What are your rights and obligations? What should you do?

• Pull over as quickly as it is safe to do so. Wait for the officer to approach your car. DO NOT reach for the glove compartment and DO NOT exit your vehicle.
  
• You ARE required to provide basic personal information (name, driver's license, proof of registration and insurance).
  
• You are NOT required to answer any questions that might incriminate you: (Have you been drinking? How much have you had to drink?) Your "cooperation" will be used against you. Be polite but insistent in refusing. Inform the officer that you would want to contact an attorney before answering any questions. Inform the officer that you are willing to cooperate and will do anything you are required to do.
  
• You are NOT required to submit to any field sobriety tests.Such tests (walk and turn, reciting the alphabet, follow the pen with your eyes) are notoriously inaccurate and unreliable - studies have shown that 46 percent of sober people "fail" these tasks. If you do agree to perform these tests, insist that they be videotaped.
  
• You are NOT required to "step out of the vehicle" unless the officer is placing you under arrest. The officer is watching for the slightest stumble or wobble as proof of intoxication. Police CANNOT search your car or personal property without your permission, unless they have probable cause to believe a crime (other than DWI) has been committed.
  
• You are NOT required to blow into a roadside Breathalyzer. The machine may be inaccurate, and it is often improperly administered by officers. If you choose to blow, ask to see the reading.
  
• Texas law allows you to request an independent blood or breath sample within two hours of your arrest. An attorney can arrange testing at a private facility, or you can ask to be transported by police for independent testing. Refusal to submit to testing will result in automatic license suspension

We understand that asserting your rights is a scary thing to do in an actual traffic stop. Officers can be intimidating, and may badger you and make threats about all the bad things that will happen. The only thing they can do is take you to jail. Remember that you are within your rights to say no. Every situation is unique, but the following people may especially be well advised to decline all chemical tests and field sobriety tests:

• Drivers under age 21 (any alcohol in your system constitutes a DUI) CDL.
  
• Persons involved in a accident causing serious injury or death
  
• Texas drivers with a prior DWI or license suspension period.

What To Do AFTER You Are Arrested

The officer may determine from observations (weaving on the road, alcohol on the breath), a Breathalyzer test, field sobriety tests, or any combination that he has probable cause to place you under arrest for DWI.

An arrest does not mean you are doomed to a conviction. Exercise your rights and contact an attorney as soon as possible. Do NOT answer questions, sign anything, or submit to chemical testing until you have had a chance to consult with legal counsel.
Attorneys of Christopher N. Hoover, P.C. can:

• Get you out of jail-Defend zealous prosecution
  
• Advise you of your rights, and explain what will happen next in your case
  
• Arrange private chemical testing, or observe a breath or blood test at the police station or county jail
  
• Arrange your release from jail by posting bail yourself, through a bail bondsman, or through our firm (if no bond has been set).

IMPORTANT! - If you refuse or fail an alcohol analysis the arresting officer is required to confiscate your drivers' license and issue a Notice of Suspension. From the date of your arrest, you have 15 days to request an Administrative License Revocation hearing regarding suspension of your driver's license. Failure to request a hearing will result in automatic suspension of your license.

Once you are out of police custody, Christopher N. Hoover, P.C. will work to secure the police records, any video evidence, and obtain the results of chemical tests. Only with all these pieces of the puzzle can an attorney give you an honest opinion of your case. There may be enough holes in the prosecution's case for you to walk away with no conviction on your record. Or you may have to stand trial. Either way, we are prepared to fight for the best possible outcome for your circumstances.

Christopher Hoover has practiced law for 20 years, including 10 years of exclusive focus on DWI law. Contact us today  at 1-888-252-4DWI to safeguard your rights or to help a family member who has been arrested for drunk driving.

• Printable Driver's Rights Card