Keller & Southlake DWI Defense Guide | HLAW

 

The multifaceted nature of a defense counsel's duties in Texas DWI cases often involves navigating intricate legal landscapes, as highlighted by legal scholarship.

Understanding Fort Worth DWI Attorney Services

Navigating the complexities of DWI (Driving While Intoxicated) charges in Fort Worth can be daunting for individuals facing legal challenges. This article aims to provide a comprehensive understanding of DWI attorney services, including their responsibilities, the current laws and penalties in Texas, and how to choose the right attorney for your needs. Many individuals find themselves overwhelmed by the legal process, unsure of their rights, and the potential consequences of a DWI charge. A skilled "DWI attorney" can offer invaluable support, guiding clients through the legal maze and developing effective defense strategies. This article will cover the key responsibilities of DWI defense lawyers, current Texas DWI laws, how to select the best attorney, what to expect during a consultation, and the typical costs associated with legal representation.

What Are the Key Responsibilities of a Fort Worth DWI Defense Lawyer?

A Fort Worth DWI defense lawyer plays a crucial role in protecting the rights of individuals charged with DWI offenses. Their primary responsibilities include navigating complex laws, challenging evidence, and developing effective defense strategies tailored to each case. By understanding the intricacies of DWI laws, these attorneys can provide clients with the best possible defense.

How Does a DWI Attorney Protect Client Rights in Texas?

DWI attorneys in Texas are dedicated to safeguarding their clients' rights throughout the legal process. They challenge the legality of traffic stops, ensuring that law enforcement followed proper procedures. Additionally, they scrutinize the accuracy of breathalyzer and field sobriety tests, which can significantly impact the outcome of a case. By advocating for their clients, DWI attorneys help ensure that any evidence obtained unlawfully is excluded from court proceedings.

What Strategies Do Fort Worth Attorneys Use in DWI Case Defense?

Fort Worth DWI attorneys employ various strategies to defend their clients effectively. One common approach is challenging the results of blood alcohol concentration (BAC) tests, arguing that the tests may have been improperly administered or that the equipment was faulty. Another strategy involves demonstrating a lack of impairment, which can be crucial in cases where the defendant's BAC is close to the legal limit. By utilizing these defense strategies, attorneys work to achieve the best possible outcomes for their clients.

What Are the Current Texas DWI Laws and Penalties Relevant to Fort Worth?

Understanding the current DWI laws and penalties in Texas is essential for anyone facing charges. In Texas, a DWI is defined as operating a motor vehicle while intoxicated, with a blood alcohol concentration of 0.08% or higher. Penalties for DWI can vary significantly based on the number of offenses and other factors.

How Do Recent 2023 Texas DWI Law Changes Affect Legal Outcomes?

Recent changes to Texas DWI laws have introduced stricter penalties for offenders. These changes include increased fines and longer license suspensions for repeat offenders. Additionally, the implementation of mandatory alcohol education programs aims to reduce recidivism rates. Understanding these changes is crucial for individuals facing DWI charges, as they can significantly impact legal outcomes.

What Are the Typical Penalties for DWI Charges in Fort Worth?

The penalties for DWI charges in Fort Worth can be severe. First-time offenders may face fines up to $2,000, a jail sentence of up to 180 days, and a license suspension for up to one year. Repeat offenders face even harsher penalties, including longer jail sentences and higher fines. It is essential for individuals charged with DWI to understand these potential consequences and seek legal representation to navigate their cases effectively.

How Can Clients Effectively Choose the Best DWI Attorney Near Me in Fort Worth?

Selecting the right DWI attorney is critical for achieving a favorable outcome in a case. Clients should consider several factors when choosing an attorney, including their experience, track record, and local knowledge of Fort Worth's legal landscape.

What Qualifications and Experience Should You Look for in a Fort Worth DWI Lawyer?

When searching for a DWI lawyer, clients should prioritize attorneys with extensive experience in DWI cases. Look for qualifications such as a strong track record of successful defenses, familiarity with local courts, and a commitment to personalized defense strategies. An attorney who understands the nuances of Fort Worth's legal system can provide a significant advantage.

How Do Client Testimonials and Case Studies Inform Attorney Selection?

Client testimonials and case studies can offer valuable insights into an attorney's effectiveness. Positive reviews from previous clients can build trust and confidence in an attorney's abilities. Additionally, examining case studies can help potential clients understand how an attorney approaches DWI cases and the outcomes they have achieved for others in similar situations.

What Should You Expect During a Free DWI Consultation with Howard Lotspeich Alexander & Williams, PLLC (HLAW)?

A free consultation with a DWI attorney is an opportunity for clients to discuss their cases and understand their legal options. During this meeting, clients can expect a thorough evaluation of their situation and an explanation of potential defense strategies.

What Questions Will the Attorney Ask to Evaluate Your DWI Case?

During the consultation, the attorney will likely ask several questions to assess the details of the DWI charge. These may include inquiries about the circumstances of the arrest, the results of any sobriety tests, and the client's driving history. This information is crucial for developing a tailored defense strategy.

How Does the Consultation Help Develop a Personalized Defense Strategy?

The consultation process is essential for identifying the strengths and weaknesses of a case. By discussing the specifics of the situation, the attorney can formulate a personalized defense strategy that addresses the unique aspects of the client's case. This tailored approach increases the likelihood of a favorable outcome.

What Are the Typical Costs and Fee Structures for Fort Worth DWI Legal Representation?

Understanding the costs associated with hiring a DWI attorney is vital for clients. Fee structures can vary significantly among attorneys, and it is essential to clarify these details during the initial consultation.

How Does Fort Worth DWI Lawyer Cost Compare Across Firms?

The cost of hiring a DWI lawyer in Fort Worth can range widely, depending on the attorney's experience and the complexity of the case. On average, clients can expect to pay between $2,500 and $10,000 for legal representation. It is advisable to compare fees and services among different firms to find the best fit for your budget and needs.

Are There Payment Plans or Consultation Offers Available?

Many DWI attorneys, including those at Howard Lotspeich Alexander & Williams, PLLC (HLAW), offer flexible payment plans and free initial consultations. These options can make legal representation more accessible for clients facing financial constraints. Discussing payment options during the consultation can help clients make informed decisions about their legal representation.

How Does Howard Lotspeich Alexander & Williams, PLLC (HLAW) Utilize Structured Legal Services to Enhance Client Outcomes?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) is committed to providing structured legal services that enhance client outcomes. By employing a systematic approach to DWI defense, the firm ensures that clients receive comprehensive representation tailored to their specific needs.

What Role Does LegalService Schema and LocalBusiness Markup Play in Client Communication?

Utilizing LegalService Schema and LocalBusiness Markup enhances communication with clients by providing clear and accessible information about the firm's services. This structured data helps potential clients understand the firm's offerings and facilitates better engagement.

How Are Attorney Profiles and Case Information Presented for Transparency?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) prioritizes transparency by presenting detailed attorney profiles and case information. This approach builds trust with clients, allowing them to make informed decisions about their legal representation. By providing clear information, the firm fosters a supportive environment for clients navigating the complexities of DWI charges.

DWI with a Firearm in Texas: Laws, Penalties & Gun Rights Explained

In Texas, both gun ownership and alcohol laws are taken very seriously. But what happens when these two worlds collide? If you’re arrested for Driving While Intoxicated (DWI) while carrying a firearm, you could face serious consequences beyond the standard DWI penalties. Texas law imposes strict rules on firearm possession, and combining alcohol and firearms can lead to enhanced charges and legal complications.

In this post, we’ll cover:

• Texas DWI laws and firearm regulations
• Consequences of a DWI with a firearm
• Impact on gun rights
• Defenses for DWI with a firearm
• How to avoid these charges

Read on to learn what you need to know about this serious legal issue and how to protect your rights.

What is DWI in Texas?

In Texas, a DWI (Driving While Intoxicated) is defined under Texas Penal Code § 49.04. You can be charged with a DWI if you are:

• Driving a vehicle in a public place
• With a blood alcohol concentration (BAC) of 0.08% or higher
• Or if you have lost the normal use of your mental or physical faculties by way of the introduction of drugs or alcohol into your body

A first-time DWI offense is typically a Class B misdemeanor, but the penalties can escalate depending on your BAC level, prior offenses, or whether there were aggravating factors like having a child in the car.

Can You Carry a Firearm in Your Vehicle in Texas?

Texas law generally allows individuals to carry a handgun in their vehicle without a License to Carry (LTC) as long as they:

• Are not engaging in criminal activity (other than a traffic violation)
• Are not prohibited by law from possessing a firearm
• Are not a member of a criminal gang

However, carrying a firearm while intoxicated is considered criminal activity, which makes it illegal to have the firearm in your vehicle during a DWI.

What Happens If You’re Arrested for DWI with a Firearm?

If you’re arrested for DWI with a firearm, you could face multiple charges, including:

1. DWI Charges  

• • First Offense: Class B misdemeanor, up to 180 days in jail, $2,000 fine, and license suspension for up to one year
  • Second Offense: Class A misdemeanor, up to one year in jail, $4,000 fine, and longer license suspension
  • Third Offense: Felony charges, which can lead to 2-10 years in prison and up to a $10,000 fine

2. Unlawful Carrying of a Weapon (UCW)

Under Texas Penal Code §46.02, it is illegal to carry a firearm while intoxicated. This offense is typically charged as Unlawful Carrying of a Weapon (UCW), which is a Class A misdemeanor. Penalties include:

• • Up to one year in jail
  • Up to a $4,000 fine

Additionally, if you are a licensed gun owner with a License to Carry (LTC), you could face revocation of your license. Texas law prohibits LTC holders from carrying while intoxicated, and a conviction could result in a permanent ban on your ability to carry a firearm in the future.

Impact on Gun Rights

If you are convicted of DWI with a firearm, the consequences for your gun rights can be severe:

• First Conviction: You may lose your License to Carry (LTC) temporarily.
• Multiple Convictions: Multiple DWI or UCW convictions can result in a permanent ban on your right to carry a firearm.
• Felony Convictions: If your DWI escalates to a felony charge, you will lose your right to own or possess firearms under both state and federal law.

Defenses for DWI with a Firearm

If you’re facing charges for DWI with a firearm, there are potential defenses your attorney may use, such as:

• Challenging the Traffic Stop- If the officer lacked reasonable suspicion or probable cause to pull you over, the entire case could be dismissed.
• Questioning the BAC Test- Your attorney may challenge the accuracy of breathalyzer or blood test results.
• Arguing Possession of the Firearm- Your attorney may argue that the firearm was not readily accessible, which could reduce or dismiss the UCW charge.
• Proving Lack of Intent- If the firearm was in the vehicle but you had no intention to use it, this could be used to mitigate charges.

How to Avoid DWI with a Firearm Charges

The best way to avoid these charges is to never mix firearms and alcohol. If you plan to drink:

• Leave your firearm at home
• Use a rideshare service like Uber or Lyft
• Designate a sober driver

Final Thoughts: Take These Charges Seriously

Being arrested for DWI with a firearm in Texas can result in serious legal consequences, including jail time, hefty fines, and loss of gun rights. Texas takes both gun laws and DWI laws very seriously, and combining the two offenses can make your situation much worse.

If you find yourself in this situation, it’s crucial to contact an experienced criminal defense attorney who can help you navigate the complex legal process, protect your rights, and work toward the best possible outcome.

Charged with DWI and firearm possession? Texas law is tough—don’t face it alone. Contact HLAW today for a free consultation and protect your future.

Frequently Asked Questions (FAQs)

1. Can I carry a gun in my car in Texas if I’ve had a drink and are intoxicated? No. Carrying a firearm while intoxicated is considered criminal activity and can result in Unlawful Carrying of a Weapon (UCW) charges.
2. Will I lose my License to Carry (LTC) if I get a DWI in Texas? Yes, if you’re convicted of DWI with a firearm, you could face temporary or permanent revocation of your LTC.
3. Can I get my gun rights restored after a DWI conviction? It depends on the circumstances. Speak with a criminal defense attorney to explore your options.

By understanding the risks and knowing your rights, you can avoid finding yourself in a legally precarious situation. If you're facing charges of Driving While Intoxicated or Unlawful Possession of a Firearm in Texas, contact HLAW today for a free consultation.

Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

How a Fort Worth DWI Attorney Can Save Your Future: Expert DWI Defense Lawyer Fort Worth Guidance

Facing a DWI charge in Fort Worth can be a daunting experience, with potential consequences that may impact your future significantly. Understanding the legal landscape surrounding DWI charges is crucial for anyone navigating this challenging situation. This article will explore how a Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) can provide essential guidance and representation, ensuring your rights are protected throughout the legal process. We will delve into the nature of DWI charges, the legal penalties involved, and the steps you should take after an arrest. Additionally, we will highlight the importance of seeking professional legal assistance from HLAW, a firm specializing in DWI defense.

What Are DWI Charges in Fort Worth and Texas?

DWI charges, or Driving While Intoxicated, are serious offenses in Texas that can lead to severe legal repercussions. A DWI is defined as operating a motor vehicle while having a blood alcohol concentration (BAC) of 0.08% or higher. This legal threshold is established to ensure public safety and deter impaired driving. The implications of a DWI charge can be far-reaching, affecting not only your driving privileges but also your personal and professional life.

What Defines a DWI in Texas and Fort Worth?

In Texas, a DWI is characterized by the operation of a vehicle under the influence of alcohol or drugs. The law does not formally distinguish between DWI and DUI; rather, "DWI" is the term used for impaired driving offenses regardless of age. The term DUI is not commonly used in Texas law for adult impaired driving offenses. Understanding this is vital, as the penalties for a DWI conviction are generally severe and apply to all adults.

What Are the Legal Penalties for DWI Offenses in Texas?

The legal penalties for DWI offenses in Texas can vary based on several factors, including prior convictions and the circumstances surrounding the arrest. Common penalties include:

Penalty Type	Description	Duration
Fines	Up to $2,000 for a first offense	Varies
Jail Time	72 hours to 180 days for a first offense	Varies
License Suspension	90 days to 1 year	Varies
Community Service	24 to 100 hours	Varies

These penalties can have a lasting impact on your life, making it essential to seek legal representation to navigate the complexities of your case.

How Can a Fort Worth DWI Attorney Protect Your Rights?

A Fort Worth DWI attorney from Howard Lotspeich Alexander & Williams, PLLC (HLAW) plays a crucial role in protecting your rights and ensuring you receive a fair trial. They are equipped with the knowledge and experience necessary to challenge the evidence against you and explore potential defenses.

What Legal Defense Strategies Do Fort Worth DWI Lawyers Use?

DWI lawyers at HLAW employ various defense strategies to protect their clients. Some common approaches include:

• Challenging the Traffic Stop: If the initial stop was unlawful, any evidence obtained may be inadmissible.
• Questioning BAC Test Results: Issues with the administration of breath or blood tests can lead to inaccurate results.
• Proving Lack of Impairment: Demonstrating that the driver was not impaired despite a high BAC reading can be a viable defense.

These strategies highlight the importance of having a knowledgeable attorney from HLAW who can navigate the legal system effectively.

Why Choose Howard Lotspeich Alexander & Williams, PLLC (HLAW) for Your DWI Defense?

Howard Lotspeich Alexander & Williams, PLLC (HLAW) specializes in legal defense services with a focus on DWI cases in Fort Worth, Texas. Our experienced attorneys understand the intricacies of DWI laws and are dedicated to providing personalized legal representation. By choosing HLAW, you gain access to a team that prioritizes your rights and works diligently to achieve the best possible outcome for your case.

What Steps Should You Take After a DWI Arrest in Fort Worth?

After a DWI arrest, it is crucial to take immediate action to protect your rights and future. Here are essential steps to consider:

• Remain Silent: Avoid discussing your case with anyone except your attorney.
• Document Everything: Keep detailed notes about the arrest and any interactions with law enforcement.
• Contact a DWI Attorney: Schedule a consultation with a qualified DWI attorney at HLAW as soon as possible.

How to Schedule a Consultation with a Fort Worth DWI Attorney at HLAW?

Scheduling a consultation with a Fort Worth DWI attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) is straightforward. You can typically reach out via phone or through our firm's website. During the consultation, be prepared to discuss the details of your case and any evidence that may be relevant.

What Immediate Actions Can Help Save Your Future After a DWI Charge?

Taking proactive steps after a DWI charge can significantly impact the outcome of your case. Consider the following actions:

• Gather Evidence: Collect any relevant documents, such as police reports and witness statements.
• Contact Witnesses: Reach out to individuals who may have witnessed the incident to gather their accounts.
• Stay Informed: Educate yourself about DWI laws and potential defenses to better understand your situation.

These actions can help build a strong defense and improve your chances of a favorable outcome.

How Have Recent Texas DWI Law Updates Impacted Defense Strategies?

Recent updates to Texas DWI laws have introduced new considerations for defense strategies. Staying informed about these changes is essential for anyone facing DWI charges.

What Are the Key 2024-2026 Texas DWI Law Changes?

Key changes in Texas DWI laws from 2024 to 2026 include increased penalties for repeat offenders and enhanced enforcement measures. However, as of mid-2024, no specific new legislation with effective dates through 2026 has been enacted that significantly alters DWI penalties statewide. It is important to consult with a qualified attorney at HLAW to understand any local or pending legislative changes.

How Do These Updates Affect Your DWI Case in Fort Worth?

The recent law changes can impact your DWI case in Fort Worth. Understanding these updates allows your attorney at Howard Lotspeich Alexander & Williams, PLLC (HLAW) to tailor defense strategies that align with the current legal landscape, potentially improving your chances of a favorable outcome.

Contact HLAW today for a free case evaluation and consultation.

We get this question all the time. People want to know if they can refuse the field sobriety tests when the police ask them to participate

Yes! You may legally refuse field sobriety tests in Texas (unless you are already on probation and it is a condition of your probation that you cannot refuse). This article explains why you should consider refusing the SFSTs.

Standardized Field Sobriety Tests Can Be the Best Evidence for the State in a DWI Trial

When a driver is stopped in Texas and the officer suspects that the driver may be intoxicated, the officer will typically run through a standard DWI roadside investigation. This investigation begins by simply observing the driver (bloodshot eyes, odor of alcohol, slurred speech) and asking some questions:

• "Where are you coming from this evening?"
• "Have you had anything to drink tonight?"
• "How many is a couple?"

If the officer sees enough to warrant a further investigation, they will ask the driver to step out of the car.

"Let's Make Sure that You're Okay to Drive Tonight."

Once the driver steps out of the car, the officer’s body worn camera and dash camera are recording so that the footage can capture the interaction (to be used later at trial if needed). The officer will then explain that they are going to do some tests just to "make sure that you're okay to drive." Note: The officer WILL NOT NORMALLY ask permission to conduct the
standardized field sobriety tasks.  He will jump right in and hope that you just go along with it.

There are 3 standard tests that are explained in more detail on our DWI page.

The Standardized Field Sobriety Tests are Not Designed for You to Pass

The 3 standard tests are (1) the HGN test (Horizontal Gaze Nystagmus), which is the "eye test," (2) the Walk and Turn test (also known as the Walk the Line test), and (3) the One Leg Stand test. I don't have enough time to go into the many problems with the tests, but to list a few:

• The Eye Test (HGN) – this test requires the officer to be precise with his stimulus device in the field and they often make mistakes in distance and degree. Further, even with updated body worn camera technology, the video rarely shows what the officer claims to observe in the eyes. So we are usually left with officer testimony alone (and juries generally do not trust the "eye test");
• The Walk and Turn test – this test is difficult (even for completely sober people - try it yourself sometime) because it requires the person to take challenging heel to toe steps on an imaginary line in all conditions and officers never take into account the person’s stress level, the weather/wind conditions, footwear, fatigue from a long day, etc.; and
• The One Leg Stand – this test is also difficult. It requires you to balance on one foot for 30 FULL seconds. TAKE NOTE - if the person puts their foot down at 27 seconds it is a strike against them and the officer will use this as evidence that they are indeed intoxicated.

Throughout the years, the tests have been debunked and challenged by experts as unreliable, but the courts are still allowing them as proof of intoxication (they are claimed to be used as evidence of the loss of mental or physical faculties).  In short, these tests exist for the officer to build a case against you in court and we feel ultimately set you up to fail. So what benefit is there for a driver who is suspected of DWI to take the tests if they don’t have to?

You DO NOT Have to Submit to Standardized Field Sobriety Tests in Texas

Even though the officer might act as if you must take the tests, you don't. If he asks you to exit the vehicle then you must get out of the car. But as soon as he tries to start the HGN (eye test) on you, you can (and probably should) politely refuse to take the test. Take note of what I said...Politely Refuse. Do not be a jerk about it and go into a diatribe about how you read this blog and you know these tests are no good and that you refuse to do them. Remember this is all being captured on audio and video; audio and video that will be exhibit #1 at a trial if it goes that far. Simply inform the officer that you do not wish to participate in the standardized field sobriety tests.

Can I Still be Arrested if I Refuse to Perform the Field Sobriety Tests?

Yes you can (and probably will) be arrested if you refuse to perform the SFSTs. If the officer already felt like he had enough evidence to administer the tests, then he will probably go ahead and arrest you for DWI if you refuse to take them. But hey, you were probably going to get arrested anyway. Now, however, there will be less evidence against you.  You have an absolute right not to give evidence against yourself.  This constitutional right applies equally in the DWI context.

Should I Take the Tests if I Haven't Had that Much to Drink?

You are an adult, and only you know your own level of coordination, so it is really up to you. But our advice (from over 16 years of handling DWI cases) is NO. You should not perform the standardized field sobriety tests. Your DWI case becomes tougher to defend if you look intoxicated on the video. Even if you haven't had that much to drink, there are many reasons why you might appear intoxicated on the video. For instance, perhaps:

• You are extremely nervous and have a high stress level from being pulled out of your car in the middle of the night by a police officer;
• Your footwear is not ideal for walking and turning (high heels, flip flops, etc);
• The wind is blowing hard;
• It is cold outside and you are shivering;
• You have an old injury that causes you to limp or not walk "normally"; or
• You have bad balance (even on a good day).

Lastly, these tests are extremely technical. The instructions are long and tedious and can be very confusing for someone who has never attempted these tests before. Officers also like to compound this issue by providing you the instructions very aggressively and rapidly. The officer often sounds like the disclaimer at the end of a pharmaceutical commercial when they are reading you the instructions for the tests. Your failure to comply perfectly with these instructions can be used against you in court.

Next Time, Please Take an Uber

We hope you will listen to our advice regarding DWI field sobriety tests. Better yet, we hope that you'll just pay the $40 for an Uber or taxi from the bar or restaurant and avoid this altogether. But if you didn't take our advice and you didn't call and Uber, call us and we'll be happy to be your advocates.

*This article did not discuss whether you may legally refuse a Breath Test or a Blood Test. We've written on that many times and the answer is YES. You may refuse breath and blood tests UNLESS the officer has a warrant for your blood. If they have a warrant, you may not refuse.