What Happens During a DWI Arrest in Texas?
The stress that a person experiences after an arrest For DWI can be overwhelming. The consequences of such an arrest can be severe whether it is a first offense DWI or a subsequent DWI arrest. A first-offense DWI is a misdemeanor and comes with less severe penalties compared to any subsequent DWI charges.
A DWI charge and conviction are not only serious because of the legal penalties a person may face but also the social stigma that comes with it. So, talk to an experienced DWI attorney if you are charged with a DWI.
How Texas DWI Arrests Happen
After pulling you over, the police officer will ask you a series of questions and administer field sobriety tests. The police officer will only arrest you if they think you have failed these tests. The officer will then take you into custody and drive you to the local jail.
While you wait in jail, they will be drafting official charges against you. Remember that just because the police pulled you over doesn’t mean that you are under arrest.
Did The Officer Read You Your Rights?
People mistakenly believe that an arresting officer has to read you your rights at the moment of arrest. However, an officer is only required to give a Miranda warning if they intend to question you. But even if they do not do this, it doesn’t mean that your case will be dismissed by a judge.
Police can use what you say as evidence even if they did not read you your rights. They also have recording equipment in their cars that can also collect evidence. Before requesting you to provide a breath or blood sample, the officer will read you a statutory warning.
You can refuse to give any sample but the officer will seek a warrant to collect that sample.
What You Need To Know About Sobriety Tests
Tests done to measure toxicity or sobriety are considered objectively accurate. But that is determined by how these tests are applied and the officer that administers them. Police officers conducting field tests have to make assumptions about a person’s normal functionality to determine whether that person is impaired.
It is not unusual for police officers to administer this test improperly just to get a conviction. That means that just because the breath or blood test seems to say you are intoxicated does not mean that the results are accurate.
What Happens During A Spring – Texas DWI Arrest?
After you are pulled over, the police may request that you take tests to prove that you are not intoxicated. You can agree to the test or refuse to give any samples. People who agree to the test can either give a breath sample or give a blood sample at an appropriate facility.
After giving the sample, the individual is held in custody at a local jail.
Meanwhile, their vehicle is searched, towed, and then stored at an impound yard.
What Happens In When You Are In Jail?
When you get to the local jail, they will collect your personal information including your name, address, social number, and more. Do not divulge any information that may harm your case. You can invoke your right to remain silent and request a lawyer.
Getting arrested for a DWI can be a frightening experience, particularly if it is your first offense. You may feel scared or embarrassed. You might feel the urge to confide in those around you. You may feel compelled to ask questions, but it is in your best interests to remain silent and keep your own counsel. The police are not there to give you advice or to assist you during your arrest. The police are there to get you booked into the system as soon as possible. They are not your friends; do not confide in them or ask them questions, as anything you say could be used against you in court. Many police vehicles are fitted with audio recording devices, so keep your cool and remain silent.