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DWI: Know Your Rights

By: Attorney Gilbert De La Garza

February 12, 2021

Valentine's Day Weekend, among other holiday weekends, has a tendency to have an uptick in DWI arrests (wine, champagne and good ole' beer and whiskey flow freely!). Be safe, have fun, and most importantly, don't get behind the wheel after having a few. If you have done so, think you are intoxicated, and an officer stops you while driving, know your rights: You do not need to answer questions, and you do not need to take their sobriety tests or breath or blood tests. Of course, if you have not had a drink, you should do so, but if you have had a few and think you are drunk, it's a good idea to refuse to respond to any and all questions related to alcohol, refuse a breath or blood test, and refuse the sobriety tests stating that first, you have been told to refuse all breath, blood and sobriety tests even if you are sober; and second, you would like to speak to your attorney first to get advice on these matters. Otherwise, cooperate as nicely as possible, and enjoy the free ride to the station. Follow these tips and your chances of avoiding a DWI conviction rise dramatically. 

Our office has fought and won many a refusal case over the last 20 years, and can advise you accordingly if you get in a bind on Valentine's day weekend or any other day of the year.