For those drivers who are over the legal drinking age, take not that you should not submit to the portable breathalyzer. These tests are not required by law and the main issue is that they can be used against you later. If they have pulled you over for suspected DWI, chances are you’re going to jail whether you blow under the legal limit or not. Once the train leaves the station, it is hard to get it back, and for this reason, there is rarely a benefit to submitting to these hand-held breathalyzer device tests. Believe us when we tell you that a dallas dwi lawyer never wants to hear about his client receiving poor treatment due to a faulty hand-held device. Even if the device was malfunctioning, it could show evidence that causes you harm at trial.
For those who are under 21, the rules are different. The results from these tests can still be used against you, but they may be required by law for those under 21.
Do not comply with FST’s (Field Sobriety Tests)
These tests are really designed with the purpose of making you fail. If the officer wants to have a reason to arrest you—bingo, this is his reason. The police officer will always indicate that you have failed the test. Simply explain to the officer in a polite manner that you would like to submit to more accurate and evidence based tests that have actual validity at the station.
DO NOT EVER Tell Officer the number of alcoholic drinks you’ve consumed.
Telling the officer this kind of fact does you no good, and what good can it do? If you have truly had no drinks, then you can state this, but even then, you’re best to invoke your 5th amendment right that you not tell the officer any more information. Explain to the police officer that you will answer questions only in the presence of your dwi lawyer.
DO NOT EVER tell the police officer the time of your last alcoholic drink.
Once again, it begs the question of what good could come of this answer? It’s like one of those damned if you do, damned if you don’t questions. “Do you know how fast you were going?” If you answer yes, then it means you should have known better and driven slower, if you hance “no,” then it implies you were reckless to not have known your own speed. The same goes for this question. You hold a right according to the 5th amendment not to answer their queries. Tell them that you will answer questions when your attorney is with you.