In Part 2 of the What to Do When Pulled Over series we discussed how to invoke your right to remain silent and request an attorney. We discussed the importance of knowing when politeness has to end. The police officer has already begun conducting a DWI investigation by the time he approaches you. The officer continues his DWI investigation while he is speaking with you, even if he seems casual. The officer will use everything you say and use against you. Likely he already made up his mind to arrest you for DWI and he is continuing the conversation and pressuring you to perform tests to prove his DWI case in court.
Asking if you are free to go when pulled over for DWI is important because asking the question establishes that you are detained. One defense to DWI arrest in Texas is that the officer unreasonably delayed taking care of the issue for which he pulled you over. Marcus Olds will use this defense to try to prevent a DWI case from being filed or to get your DWI dismissed. For example, if the police officer stops you for speeding, he is only allowed the reasonable time it should take to issue you a speeding ticket. Then he has to let you leave unless he discovers further facts which lead him to believe further investigation is warranted. If he unreasonably fails to let you leave in a timely manner, the rest of the DWI investigation could be unconstitutional. Case dismissed! Great news!
When you ask the officer if you can leave, he is forced to either admit that he is investigating you for DWI (in which case you will know that you need to ask for a lawyer, refuse to say anything, and refuse all “tests”, including “eye tests”), or he will be forced to admit he is not investigating you for DWI, in which case your DWI lawyer will have a strong defense. Either way, if the police officer does not let you go, he has hurt his case, and you should advise him you need to talk to a lawyer.
DWI is the Devil. Call (469) 666-4-DWI.
If you are being pulled over right now, quickly read these 10 Commandments When Pulled Over.
Take a look at some of the Google reviews from DWI clients Marcus Olds has successfully represented.