Pulled Over for Suspicion of DWI in Parker County, Texas?
What Happens During the Traffic Stop | What Happens If You Are Arrested
You’ve been to a tailgate or a party, or maybe to dinner with friends or co-workers, and had a drink. Maybe you have a broken taillight, or maybe you didn’t come to a complete stop at a red light. The police officer pulls you over and asks if you’ve been drinking. You answer truthfully. Now what happens?
What to Expect During the Traffic Stop
Regardless of why you’re pulled over, a police officer can always ask whether you’ve been drinking. There’s no requirement that the officer have a reasonable suspicion or probable cause to ask the question (only that he had a reason to stop you). You have the right to refuse to answer the question. Your refusal to answer the question – politely – does not give the police officer probable cause to perform a field sobriety test. There must be more evidence to justify you have been drinking and this impairs you.
Whether or not there’s evidence to conduct a field sobriety test, the officer may ask you to submit to one. Again, you have the right to refuse to take the test—there is no penalty for refusing except that the police officer may view such a refusal as evidence of impairment or intoxication.
If you refuse to take a field sobriety test, the officer may ask you to take a breath or blood test. The officer must have probable cause to ask you to take a breath or blood test. If you refuse to take such a test, your license will be suspended. If you fail the test, you can be arrested.
It’s important to understand that, while DWI laws are state laws that apply throughout Texas, the actual enforcement of those laws varies from county to county. Parker County has a long reputation for taking a zero-tolerance approach to drinking and driving, so you can expect that the police officer will strictly enforce the law and even seek a nearly automatic warrant to draw blood. Other North Texas counties including Tarrant are beginning to follow this example.
What Happens If You Are Arrested
If you are arrested for driving while intoxicated in Parker County, you probably will be charged with a Class B misdemeanor, if it’s your first offense. The ultimate punishment is serving a mandatory three days in jail and could, if on probation instead, be sentenced to up to 180 days. Your driving privileges can be suspended for up to 24 months; if on probation instead, you may be ordered to take classes and to attend a DWI education or intervention program; as well as to pay to have your car outfitted with an ignition interlock (an alcohol testing device on your car); and you could incur fines of up to $2,000. These are the risks of prosecution. Your goal is to let The Loftin Firm help you seek a dismissal, reduction of charges or obtain a verdict in your favor.
Contact The Loftin Firm for Experienced Criminal Defense
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, Trey has represented all sides of most criminal matters, including DWI and DUI charges. He can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact Trey Loftin online or call 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients Across Parker County in Texas, Including Weatherford,
Willow Park, Aledo, and Annetta, and Throughout Fort Worth