If I am Stopped, Do I have to Consent to Sobriety Tests or Answer an Officers Questions? by Plano DWI lawyer Troy Burleson
by Collin County DWI attorney Troy Burleson
Stopped for DWI in Collin County: Do You Know You Rights?
If you are stopped by the police and questioning goes beyond a request for your driver’s license and insurance card, it is recommended that you follow the following advice. Make sure you have read these 7 points so that you understand your rights at the time of the stop.
1. I hereby tender my driver’s license and proof of insurance
2. I have committed no crime and request that my papers be returned to me and that I be allowed to depart immediately.
3. If you are not going to allow me to leave at this time, I will assume that this is more than a brief investigatory stop and that I am under arrest.
4. I invoke my RIGHT TO REMAIN SILENT, and do not wish to make any statements, nor do I wish to answer any questions relating to consumption of alcohol. I rightfully and voluntarily CHOOSE NOT TO TAKE ANY FIELD SOBRIETY TESTS, OR COORDINATION TESTS, (i.e.) balancing tests, nose touch, ABC’s, etc.)
5. I DO NOT CONSENT to a breath test, unless (1) the sample of breath I give is preserved so that it can be analyzed by a neutral testing facility, and (2) I am allowed to give a blood test at a private medical facility by personnel of my own choosing conducted in compliance with Texas law.
6. I DO NOT CONSENT TO A SEARCH of my person, vehicle, or any other property.
7. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call Attorney Troy P. Burleson (214)226-9606. I will answer no further questions unless my attorney Troy P. Burleson is present.
NOTICE AND DISCLAIMER
The information shown is intended to help educate members of Texas motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. It is not intended to aid drunk drivers in evading punishment.
