The first moments after you’ve been stopped by law enforcement while driving can be crucial. If you are pulled over by police and you’re suspected of drunk driving or DWI, know your rights and secure an experienced DWI attorney who knows all of the ins and outs of DWI defense.
The Maddox Law Firm knows how to advise a client immediately when the client contacts us from police custody. Always remember that you have a Constitutional Fifth Amendment right to remain silent.
Be careful to not volunteer information. You are not compelled to answer questions by police, including the question, “Have you been drinking”?, or “how much did you drink”? These are the types of questions that catch people unaware and usually establish the beginning of probable cause to arrest for DWI.
The DWI Breath Test / B.A.C. Test
One of the most urgent concerns of someone who is stopped on suspicion of DWI is “Do I take the breath test, or do I refuse to take the breath test?” Also, a common question is “Do I have a right to choose what test I take? Understand that a refusal to submit to a breathalyzer or other blood alcohol test will automatically result in harsher DMV penalties against your privilege to drive. You will suffer a longer suspension if you are found to have refused a breath test or other blood alcohol test. There are also consequences in court if you are in a DWI trial and there is evidence that you’ve refused the breath test or other B.A.C., blood alcohol test. Also, contrary to popular opinion, you don’t have a right to choose what test you take. If law enforcement requires you to supply a urine sample instead of a breath sample, and you refuse and request another test, you will be deemed to have refused the test entirely.
At The Maddox Law Firm, we understand the nuances of the various blood alcohol tests, their reliability in court and how to help to defend your DWI case no matter which test you take, including if you refuse the blood alcohol test.