VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Your Rights in a Houston DUI Traffic Stop
There is likely nothing more upsetting than getting pulled over by the police after an evening out. Perhaps you’ve had a single or even a couple of drinks but you are in no way intoxicated – or even ‘buzzed’. However, the police have targeted you for some reason and are not likely to let you go without putting you through intense scrutiny. An error on their part means they’ve wasted their time and the taxpayers’ money so it is not out of the question that the goal is to make the ‘facts’ fit the circumstance. The following information is meant to make a traffic stop as painless as possible and perhaps allow you to end it without so much as a ticket.
The most important thing to realize is that attitude is everything. When the officer steps to the vehicle it is best to be pleasant and compliant. The reason for this is simple. It is not out of the realm of possibility that if a citizen creates a contentious environment for the police they are likely to return the favor. Remember, these people are doing their job – and it is one that comes with inherent dangers including the act of approaching a stranger’s car. This does not, however, mean that you must throw all your rights out the window in the process.
Never get out of your car or truck unless instructed to do so. The officer may begin the exchange by asking for your license, insurance and registration which he or she will validate. In addition the police may question if you know why they stopped you. Do NOT respond in the positive to this question but instead reply simply that you ‘have no idea’. Allow the officer to indicate his purpose for ‘pulling you over’. It is best to speak as little as possible in a traffic stop. Law enforcement is trained to glean information that can be used as an excuse for an arrest. In the course of the exchange with the officer he or she may question whether or not you have been drinking and if so how much. Do not lie to the police. This will only complicate the situation. To begin with even the odor of a single beer in the close confines of a car is detectable. But you are not required to ‘implicate yourself’ either. The best choice is to politely respond that you would prefer not to answer the question at all – an option most people do not realize is available to them. If the officer asks you to exit your vehicle you are required to do so but if he asks to search your person or vehicle you may considerately but firmly refuse. On the other hand, if he or she demands this action then you have no choice but to comply. Be sure that you understand whether or not they are asking or telling. Always refuse a field sobriety or breathalyzer test on the spot. Should this occur and the officer so chooses you will then be taken to a hospital where your blood can be drawn. It is best to comply at this time – but request a second blood sample be drawn by a different hospital employee – and then request a lawyer and say nothing else.