Every DWI investigation and every contact with the police is different. Every person’s performance on sobriety tests is different, as well. Consequently, it’s very difficult to provide quality advice about what to do when you’re investigated for a DWI. However, other than avoiding drinking and driving, there are two things I can say with confidence.

First, remain silent! When an officer pulls you over and begins asking questions, thelaw only requires you to provide them with your driver’s license and your proof of insurance. You are not required to answer any further questions. If an officer suspects you’ve been drinking, they will ask you what you had to drink, how much you drank, and even ask whether you believe you’re intoxicated. All those answers will be used against you in court. Therefore, the most important thing you can do is keep your mouth shut!

Second, following an arrest the police may request a sample of your breath or blood using the Texas implied consent law. If you refuse to voluntarily provide a sample, they often apply for a search warrant to obtain your blood. In general, blood tests are more difficult to defend than breath tests. Breath testing is less scientifically sound than blood testing. As a result, breath testing is somewhat easier to defend. Consequently, if you’re confronted with deciding whether to provide a sample, especially here in Brazos County, I would much rather someone provide their breath sample. Years ago, our standard advice was do not provide any sample at all. But with the advent of blood search warrants, that advice has changed.

So, other than remaining silent and consenting only to a breath test, any other advice on what to do would only be guessing. I cannot speculate on what might be helpful to you at the moment in time when you’re under investigation. An experienced Brazos County DWI attorney is your best resource when you are accused of driving while intoxicated.