Here’s an interesting article from the Houston Chronicle:
However, due to what the county called aggressive “no refusal” breathalyzer program throughout the summer, zero alcohol-related deaths occurred in the county this summer and county agencies arrested a total of 643 individuals for driving while intoxicated or boating while intoxicated. More than 100 drivers were charged with felony DWI.
The fact that there were no alcohol-related deaths this summer in Montgomery County is fantastic! However, if you are charged with a DWI in Harris County or any of the surrounding counties, you need to know your rights. Many of the counties are instituting “no refusal” programs, where if you refuse to submit to a breathalyzer test, a prosecutor will write up a warrant for your blood, and it will be drawn on the spot! Is this legal? It is, unfortunately. But, there are still some very important factors you should know about interacting with police officers during a DWI stop. A few tips:
- Stay calm! This may be your first interaction with police or your fiftieth; regardless, you need to stay calm and not panic!
- Be polite! The officer is doing their job, which is a dangerous one at that. Remain civil but only answer the questions asked, and no more.
- Know your rights! You have the right to remain silent, which means you do not need to help the officer collect evidence against you. Anything you say can and will be used against you later!
Now, the big question: Should you refuse the tests? Many defense attorneys will tell you that yes, you should refuse all of the tests. Regardless, if the encounter with the officer reaches this point, you are going to be arrested for a DWI. It’s that simple. Remain calm and polite, and remember your right to remain silent.
My experience as a prosecutor in Harris County gave me the opportunity to work on hundreds of DWI cases. I know how to fight these cases and how to deal with the results of a breath or blood test. Contact me today for more information!