There are many schools of thought when it comes to taking a field sobriety and breathalyzer test after you have been pulled over and suspected of DWI. Everyone seems to have an opinion on the matter; from cops to DWI lawyers, and Big Joe down at the local watering hole.
However, it doesn’t matter what any of them say if they are not referencing the correct states’ laws. That’s the number one thing to know if you should take a field sobriety or breathalyzer test. In some states it’s mandatory or you automatically lose your license on the spot, while in some other states you don’t have to take either of the tests without a lawyer present.
So needless to say there is reason for all the confusion on this matter. Some argue to just take the tests, be polite to the officer’s, accept your arrest and subsequent sentence and go on about your life. However, it’s not always that easy, and you may also be able to save yourself a great deal of headache and heartache if you navigate the situation correctly.
Let’s take the state of Texas for instance. In the state of Texas, you are not required to submit to either a field sobriety or breathalyzer test. The best thing you should do is be cordial with the arresting officer or officers and tell them you need to speak with your attorney before submitting to any kind of testing.
You can calmly tell them you don’t feel the field sobriety test and roadside breathalyzer accurately gauge your true intoxication levels and you’d like to have a test done with your lawyer present.
The officers will oblige you in this request most of the time. You may catch some grief from them since you are giving them more work to do, and let’s face it some of them are quite lazy. You must know that you will be arrested at this point and taken to the police station for chemical testing.
After you have refused the tests and been put into the cop car you should not say another word. Nine times out of ten anything you say to the officers will come back to haunt you. It might seem like they are simply making conversation and they may very well be doing this, however, they are also trying to get more information from you to help their case against you.
Remember, In the great state of Texas, you have the right to a chemical test with your lawyer present within two hours of the arrest. The police will try and goad you into consenting to a blood test and you should refuse. Again politely informing them that they need a warrant to get a drop of your blood by rule of law.