If you are planning to enjoy a night out with your friends in Fort Worth, it’s important to assign a designated driver. We at Jeff Brown Law want you and your friends to have a safe and happy holiday season. Sometimes, people forget how necessary this preparation is, and they decide to drive themselves home. And sometimes those people get pulled over by a police officer.
One of the most common questions an officer will ask if they smell alcohol is, “How many drinks did you have tonight?” Should you answer this question? Don’t you have to answer a police officer’s questions? Won’t cooperating with the police improve my chances of being let go with a warning? Let’s answer these questions.
Don’t Answer the Police Officer’s Questions
Why not? Because answering this question is an admission of guilt, even if you say you’ve only had a couple of drinks. The officer is not going to believe that you only had a couple of drinks. The officer will also use your statement as a confirmation that you’re intoxicated and will begin having you do field sobriety exercises. The reality is that your statement, whatever it is, will only hurt you. Once an officer smells the odor of alcohol and asks you to step out of the car, his mind is made up and you will be arrested for DWI. So it is best not to give the officer any more information that will be used against you.
If you do feel the absolute need to respond to the officer, politely – again, POLITELY – tell the officer that you would like an attorney present and then call our office. The officer will likely deny this request. If the officer does deny the request, then politely tell the officer that you are invoking your rights under the Fifth Amendment to not answer any questions, and your rights under the Sixth Amendment to not answer any questions without an attorney present. Make no mistake, the officer is investigating you for a possible DWI and, as such, you have these rights.
Why not? Because answering this question is an admission of guilt, even if you say you’ve only had a couple of drinks. The officer is not going to believe that you only had a couple of drinks. The officer will also use your statement as a confirmation that you’re intoxicated and will begin having you do field sobriety exercises. The reality is that your statement, whatever it is, will only hurt you. Once an officer smells the odor of alcohol and asks you to step out of the car, his mind is made up and you will be arrested for DWI. So it is best not to give the officer any more information that will be used against you.
If you do feel the absolute need to respond to the officer, politely – again, POLITELY – tell the officer that you would like an attorney present and then call our office. The officer will likely deny this request. If the officer does deny the request, then politely tell the officer that you are invoking your rights under the Fifth Amendment to not answer any questions, and your rights under the Sixth Amendment to not answer any questions without an attorney present. Make no mistake, the officer is investigating you for a possible DWI and, as such, you have these rights.
You Do Not Have to Answer an Officer’s Questions
While you should always respect the police for the tough work they do and the sacrifices that they make on a daily basis, they are trained to ask questions that will get you to incriminate yourself. It is your right to choose not to answer these questions. Always be polite and respectful in all your interactions with police, but if you are stopped under suspicion of DWI, please do yourself a favor: stop talking and call our office!
While you should always respect the police for the tough work they do and the sacrifices that they make on a daily basis, they are trained to ask questions that will get you to incriminate yourself. It is your right to choose not to answer these questions. Always be polite and respectful in all your interactions with police, but if you are stopped under suspicion of DWI, please do yourself a favor: stop talking and call our office!
You Will Not Get Off with a Warning if Stopped for DWI
Experience shows that if you are stopped because a police officer suspects you of driving while intoxicated, and you are asked to do field sobriety exercises to see whether you are good to drive or not, then you will be arrested. Answering the officer’s questions about how much you’ve had to drink will only work against you.
Experience shows that if you are stopped because a police officer suspects you of driving while intoxicated, and you are asked to do field sobriety exercises to see whether you are good to drive or not, then you will be arrested. Answering the officer’s questions about how much you’ve had to drink will only work against you.
What Should I do if I did Talk to an Officer?
If you’ve already talked to an officer during a DWI investigation and made some statements that you are unsure will hurt you, then you need to have an experienced defense attorney assist you in your case. Some of the statements may not be admissible in court if they violated the Texas DWI laws and Texas Rules of Evidence. As a former prosecutor, I know what prosecutors have to establish to convict you of DWI in Texas. I am an experienced defense attorney and will work hard to get your DWI charge dismissed.
You need someone on your side. Call me today. I'm an experience Dallas-Fort Worth DWI attorney, and I'll meet you at your location for free.
If you’ve already talked to an officer during a DWI investigation and made some statements that you are unsure will hurt you, then you need to have an experienced defense attorney assist you in your case. Some of the statements may not be admissible in court if they violated the Texas DWI laws and Texas Rules of Evidence. As a former prosecutor, I know what prosecutors have to establish to convict you of DWI in Texas. I am an experienced defense attorney and will work hard to get your DWI charge dismissed.
You need someone on your side. Call me today. I'm an experience Dallas-Fort Worth DWI attorney, and I'll meet you at your location for free.
The advice contained in this post does not constitute an attorney-client relationship between
the reader and attorney Jeff Brown.
the reader and attorney Jeff Brown.