If you’ve been arrested and charged with a DWI in Fort Bend County, you should know that there are steps you can take to avoid facing the full force of the State’s charges against you. Call (713) 224-4000.
Fort Bend County DUI Lawyer
When you are dealing with a police officer who suspects you of DWI, you should be aware that you have the right to REFUSE to take a breathalyzer test.
There are times when police officers may be carrying outdated, unreliable equipment in the field, and a positive breathalyzer result WILL be used against you if you agree to the test.
Remember, when you are charged with a DWI, the State of Texas is accusing you of a crime.
Under the U.S. Constitution, you have rights, and those rights require the State to meet a burden of proof of your guilt beyond a reasonable doubt. Don’t put the State’s burden in the hands of a piece of unreliable equipment.
Depending on a variety of factors, the police officer who pulls you over and suspects you of drunk driving may ask you to perform a field sobriety test. A field sobriety test is a series of tasks designed to assess your level of intoxication.
Call Daniel Lazarine (713) 224-4000
It is important to remember that you are under NO obligation to perform any kind of test for a police officer. It is important and beneficial to be calm and courteous when dealing with police officers, but the odds are high that the officer who happens to pull you over has no background or training as an optometrist, so any assessment of your sobriety after, for example, having you follow a flashlight with your eye should be viewed as suspicious at best.
Remember that when a police officer asks you to perform a field sobriety test, he isn’t trying to make sure you are sober he’s trying to build up enough evidence that you’re intoxicated to arrest you and bring you in to the station. You are under no obligation to prove the state’s case for them that’s why most lawyers would recommend you refuse to take a field sobriety test.
If this behavior sets off red flags for the officer, he will confiscate your license and quite possibly arrest you. This starts the 15 day countdown you have to request an Administrative License Revocation (ALR) hearing.
During this time, while your driver’s license is not technically suspended, it is replaced with a temporary driving permit you are given by the police called a Notice of Suspension/Temporary Driving Permit.
If you do not request an ALR hearing within those 15 days, your license will be suspended automatically on the 41st day after you receive the notice.
This is just one of many deadlines you face when accused of a DWI. That’s why it’s critically important for you to have an experienced, professional attorney on your side. The Law Office of Daniel Lazarine has made it our mission to protect the rights of Fort Bend County residents who have been accused of DWI.