Being pulled over by law enforcement can be a stressful experience, especially if you suspect it’s for driving while intoxicated (DWI) or driving under the influence (DUI). Understanding your rights and the appropriate steps to take can make a significant difference in the outcome of the situation. As a dedicated criminal defense lawyer in Houston, Mike Kohler Esq., aims to equip you with the essential knowledge to handle such encounters effectively.
Understanding DWI and DUI
Before we delve into the steps to take when pulled over, it’s crucial to understand the distinction between DWI and DUI:
- DWI (Driving While Intoxicated): This typically refers to operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for individuals over 21. DWI may also apply if someone is impaired by drugs, including prescription medications.
- DUI (Driving Under the Influence): This term is often used interchangeably with DWI but may refer to any impairment due to alcohol or drugs, even if the driver is below the legal BAC limit.
In Texas, both offenses are taken seriously, and the consequences can include hefty fines, license suspension, and even jail time.
What to Do When Pulled Over
1. Stay Calm and Composed
First and foremost, it’s essential to remain calm. Take a deep breath, and don’t panic. Being calm will help you think clearly and respond appropriately.
2. Pull Over Safely
When you see flashing lights, signal to the officer that you intend to pull over. Do so safely and promptly. Look for a well-lit area to stop if possible, and avoid stopping in hazardous locations.
3. Turn Off Your Engine and Roll Down Your Window
Once you’ve pulled over, turn off your vehicle’s engine and roll down your window. This action indicates to the officer that you are compliant and cooperative.
4. Keep Your Hands Visible
Place your hands on the steering wheel where the officer can see them. This gesture helps reassure the officer of your intentions and reduces any perceived threat.
5. Do Not Admit Guilt
If the officer suspects you are under the influence, they may ask questions such as, “Have you been drinking?” or “How much have you had to drink?” It’s important to remain polite but refrain from admitting guilt or providing information that could be incriminating. You have the right to remain silent, and it’s often best to exercise this right.
6. Request to Speak with Your Attorney
If you’re asked to step out of the vehicle for field sobriety tests or a breathalyzer test, it’s within your rights to request to speak with an attorney beforehand. This is where Mike Kohler Esq., can assist you. Calling Mike Kohler Esq. immediately can ensure you have the legal support you need during this stressful situation.
7. Know Your Rights Regarding Tests
In Texas, you have the right to refuse certain tests, but there are implications:
- Field Sobriety Tests: These tests are voluntary, and you can refuse them. However, refusal may lead to arrest.
- Breathalyzer Test: You have the right to refuse a breath test, but this can result in automatic license suspension. Texas law operates under an implied consent rule, meaning that by driving on Texas roads, you consent to a breath or blood test if an officer suspects you are intoxicated.
8. Keep Calm During Arrest
If you are arrested, it’s vital to remain calm and respectful. Comply with the officer’s instructions, but remember that you do not have to answer questions about your drinking habits or other incriminating details.
9. Contact an Attorney Immediately
Once you are in a safe situation, reach out to a criminal defense attorney. Mike Kohler specializes in DWI and DUI cases, and can provide the legal expertise necessary to navigate your situation effectively. Contact me, Mike Kohler Esq. for immediate assistance.
The Importance of Legal Representation
Having a knowledgeable attorney on your side can significantly impact the outcome of your case. Here’s how Mike Kohler can assist:
1. Legal Advice
Mike Kohler Esq. can provide you with legal advice specific to your situation, ensuring that you understand your rights and options moving forward.
2. Defense Strategy
Each case is unique, and together we can develop a personalized defense strategy. He can analyze the circumstances surrounding your stop, the officer’s actions, and any evidence against you to build a strong defense.
3. Negotiation
He can negotiate with the prosecution on your behalf to seek reduced charges or alternative resolutions, such as diversion programs, which may help you avoid the harshest penalties.
4. Court Representation
If your case goes to trial, Mike Kohler will represent you in court, fighting for your rights and working to achieve the best possible outcome.
Conclusion
Being pulled over for a DWI or DUI can be a daunting experience. However, knowing what to do in this situation can help protect your rights and minimize potential legal repercussions. Remember to stay calm, be respectful, and reach out for legal assistance.
If you find yourself in this situation, don’t hesitate to contact me, Mike Kohler Esq. for dedicated and knowledgeable support. Together, we can navigate the complexities of your case and work towards a favorable resolution.
