Driving While Intoxicated (DWI) – FAQ Frequently Asked Questions
Posted on | June 18, 2010 | No Comments
What should I say to a police officer if I’ve been pulled over after drinking?
You are not required by law to answer any questions asked by the police officer that may incriminate you. A police officer may attempt to get you to admit that you’ve been drinking. By stating that you’ve been drinking, you could be admitting guilt of driving while intoxicated and may be charged with a DWI. You have the right to ask to speak to an attorney before answering any questions.
What are the different types of tests used by police officers during a DWI traffic stop?
Police officers may conduct field sobriety tests and/or chemical tests. The most common field sobriety tests include the one-leg-stand test, the walk and turn test and the horizontal gaze nystagmus (HGN) test. Officers may also conduct a finger to nose test or the Rhomberg stationary balance test.
Chemical tests are more important in determining guilt of driving while intoxicated. The three most common chemical tests are a breathalyzer test, blood tests and urine tests. In many states, a chemical test is required if there is suspicion of a DWI. Refusing to take a chemical test will result in a suspension of your license.
What type of punishments can I expect for a DWI conviction?
The punishment for driving while intoxicated will vary based on many things including the jurisdiction, your chemical and sobriety test results, the strength of the prosecution’s case, the judge who hears your case, and your criminal record. Typically, a DWI conviction will result in probation, fines including court costs, driver’s license suspension, DWI educational programs and/or jail time.
What types of defense do I have against a DWI charge?
There are many types of possible defenses against a DWI charge and the specifics of a case will determine if a particular defense is plausible. Below are a few possible defenses in a DWI case.
• Implied Consent Warning: In some cases, the conditions under which the chemical test is administered could affect its authenticity. This can occur if the police officer does not inform an individual of the possible penalties for refusing a chemical test, or if the Miranda warning was not issued or issued improperly.
• Proving Probable Cause: An officer must have probable cause to stop, detain or arrest an individual. Many times, a police officer does not have probable cause for pulling someone over.
• Inaccuracies during a chemical test: It can take anywhere from 30 minutes to three hours for the body to fully absorb alcohol. A chemical test taken during this phase may be inaccurate.
Do I need to hire an attorney after a DWI arrest?
If you’ve been charged with driving while intoxicated, it’s important that you retain the representation of an experienced DWI attorney who knows how the criminal courts operate. Time is crucial, so don’t wait to contact a criminal defense attorney about your case.
To learn more about DWIs and to schedule a consultation, contact Dallas Criminal Defense Lawyer Fred Burns at http://www.lawyerburns.com or 214-821-1919.
Dallas Criminal Lawyer Fred Burns
Posted on | March 24, 2010 | No Comments
Dallas Lawyer Fred Burns has the background, experience and knowledge you seek in a Criminal Defense Lawyer. He is a Board Certified Criminal Law Specialist (certified by the Texas Board of Legal Specialization) with more than 20 years experience in Criminal Law, thousands of cases under his belt, and a background as former Chief Assistant District Attorney in Dallas County.