You’re driving down the highway or a city street and all of a sudden you see Red and Blue flashing lights behind you. You may have had a few too many drinks and now you’re worried about going to jail. What can you do to help yourself now?
5. Refuse the HGN
The Horizontal Gaze Nystagmus (“HGN”) Test is one of the Three commonly used tests by police officers to determine whether someone is intoxicated or not. You can read about that more here. This test is voluntary and you can refuse to perform it. Again, the police officer may give you some trouble, but you are not required by law to perform it.
6. Refuse the Walk & Turn
The Walk & Turn (“WAT”) Test is another one of the Three commonly used tests by police officers to determine whether someone is intoxicated or not. You can read more about it here. There are a lot of problems associated with this test. It is completely subjective and one officer can score it different than other officers. You should also refuse to perform this test. You are not required by law to perform it.
7. Refuse the One Leg Stand
The One Leg Stand (“OLS”) Test is the third test commonly used by police officers to determine whether someone is intoxicated or not. You can read more about it here. This test also has many problems associated with it. Depending on what kind of shoes you are wearing (if any), any previous injuries, the gradient of the road, or other factors, you could end up failing the test to no fault of your own. It is best to avoid that whole situation and not perform this test. You are not required by law to perform it.
8. Refuse the Breath Test
At this point the officer is going to ask you to do a breath test. You will be put in cuffs and transferred to the closest place with a breathalyzer. In Houston, that place may be what is called “Central Intox.” You will be read some forms. These forms will state that if you blow and fail, your license will be suspended automatically for 90 days. Then they will say if you refuse to blow then you will lose your license automatically for 180 days. This may be concerning, but if you contact and hire an attorney within the first fifteen days, you may be able to save your license through an ALR Hearing. You may ask yourself at this point, why should I not blow? Well here in Texas we use the Intoxilyzer 5000, an outdated model of the breath test machine which has been discontinued by the manufacturer. Breath tests aren’t 100% accurate either. It is best to just avoid them in general.
Now, you are probably going to be arrested for DWI if it has gotten to this point. That is okay. A skilled defense attorney will be able to assist you.
9. Do NOT Say Anything Else in the Squad Car
It is as simple as that! Do NOT say anything else in the squad car, in the intox room, or anywhere for that matter. This can all be used against you, and why would you want to give the State more evidence to use against you!? You wouldn’t!
10. Call a DWI Attorney ASAP After Bonding Out of Jail
When you bond out of jail, call a DWI Attorney as soon as possible. You only have 15 days to save your license from being automatically suspended. Attorney Sean R. Darvishi offers free consultations and covers DWI’s in Houston and the surrounding areas. He can be reached at 832-766-4019. Schedule a free consultation today!