Avoid DWI during Fiesta
What should you do if you are pulled over during Fiesta?
It’s not illegal to drink and drive. It’s illegal to drink, get intoxicated, and then drive. It’s nearly impossible to celebrate Fiesta and avoid alcohol altogether. If you find yourself behind the wheel after a long night out, follow these steps if you encounter law enforcement:
10 Steps to Follow if Pulled over for DWI in San Antonio:
- Pull over as quickly and safely as possible. Initiating an O.J. Simpson-style police chase is not the move you want to make. They eventually caught him, and they’ll catch you too. If you pull into a striped parking lot, park neatly in a striped space.
- Get ready for the interview of your lifetime. Your conversation with the officer is going to be recorded. Everything you say and do will be used against you.
- All traffic stops will start the same way. Unless you were shooting fireworks out of your windows or flying a 12-foot Spurs flag out of your sunroof, the officer is going to calmly approach you, and ask for your license and proof of insurance.
- Be ready to hand them over without fumbling around or forgetting one of the two.
- The officer is going to ask you questions. Don’t answer them. Invoke your constitutional right to silence and counsel. Don’t answer questions about whether you’ve been drinking or not. Don’t answer questions about where you are going to or coming from. Respectfully state that you would like counsel present before answering any questions.
- The officer will not like your silence. Keep in mind your goal here is not necessarily to avoid arrest. Your goal is to avoid conviction. It will definitely suck to get handcuffed and arrested. But, if you are pulled over during Fiesta and the officer has any suspicion at all that you’ve been drinking, you are very likely going to be arrested anyway. So, don’t give the Government more evidence by singing and dancing.
- After your initial refusal to answer, the officer will continue to press you. Politely ask if you are free to go or if you are being detained.
- The officer is very likely going to ask you to step out of the car. You don’t have a choice here. Get out. Do it gracefully though, you’re on candid camera. You will be asked to perform some tests so the officer can make sure you are ok to drive. Refuse, refuse, refuse! You aren’t going to win playing a game of grownup Simon Says on the side of the road. You’ll look bad, and the Government will use this as part of their case to convict you later.
- You might be asked to blow into a portable breath test device. Don’t do it. You will be asked to give a specimen of your breath at the Magistrate’s Office. Don’t do it. After that, you’ll be asked to give a specimen of your blood. Don’t do it. Force the officer to get a search warrant to draw your blood.
- From start to finish, be polite. No one has ever beaten a DWI in Bexar County by talking tough to a cop. From the second you see the blue lights your goal is to give the Government absolutely zero evidence to convict you. You can’t prevent the officer saying you smelled like booze and had bloodshot eyes. You can’t prevent the Government from eventually getting your blood. Everything else is in your control. So, play it smart.
San Antonio DWI Attorney
Criminal defense is not a DIY endeavor. Don’t endanger your permanent record by trying to get through this process on your own. If you’re facing a DWI charge, it is imperative that you retain an attorney that has the experience to successfully navigate the process on your behalf.
It can mean the difference between a temporary inconvenience and a permanent criminal record.
As one of San Antonio’s Top Criminal Defense Lawyers, a large part of my practice is focused on defending people charged with intoxication offenses. If you’ve been arrested for DWI in San Antonio or one of the surrounding counties, don’t plead guilty, pick up the phone and call me today at 210-920-1281.