A routine traffic stop can quickly escalate to a full-blown DWI (Driving While Intoxicated) Investigation if the police officer has suspicions that you are driving under the influence of alcohol or another substance that can result in your impairment. By understanding your rights when you’re pulled over, you can reduce the chances of an incorrect charge or arrest. From her years as a Harris County prosecutor, and now as a defense attorney, Andreea Ionescu understands the importance of a client knowing their rights. By taking a few simple steps when pulled over, you can improve your defense while not helping the prosecution’s case against you.
If you are searching for DWI attorneys in Montgomery County, call Andreea to schedule a free consultation. During this meeting, she will review your case for inconsistencies and tell you what you can expect from the process.
Call 832-509-0222 today for a free consultation. During this valuable time, she will outline the DWI process, what you can expect, and a thorough explanation of your rights.
Your Right to Remain Silent
Many people don’t understand that they have the right to refuse to answer an officer’s questions during a routine traffic stop because some answers can be used against them in the prosecution’s case. If an officer believes that you are intoxicated and asks you to perform a series of field sobriety tests, you are also within your rights to decline to do any of these. Anything you disclose to an officer and any field sobriety tests you fail could lead to your arrest.
If you are arrested because the officer suspects that you are intoxicated, it is crucial to remain calm and be polite to the arresting officer. Growing upset or trying to smooth talk your way through will only reflect negatively on the case they are building against you. Remember that cameras are present on both the officer and the car, so operate under the assumption that you are always being recorded.
The arresting officer will read you your Miranda rights and put you in the back of their police vehicle. Just as during the traffic stop, you should not speak unless it’s necessary for you to do so. Everything that is said will be used against you and could harm your defense. Even if you have shared information the State can use against you, an experienced lawyer in Fort Bend County will still be able to craft a quality defense for you.
Maintaining Your Rights
After placing you under arrest, the officer will ask for a breath test. This is one of the areas that is frequently challenged in court. The machine that the State uses for this test, the Intoxilyzer 9000, has many problems and is an area that any experienced lawyer will focus on when determining the best strategy for your defense. The officer will have to observe you for fifteen minutes before administering the breath test. Likely they will attempt to make small talk with you to obtain more information. While you wait, remain silent. Just as at all other times during the DWI investigation, anything you say can be used against you by the officer as they are building their case.
“I had never been arrested before. I was so scared about what was going to happen to me. Ms. Andreea was very good, she got my case dismissed.” Anonymous
A DWI arrest in Fort Bend County doesn’t mean that you are out of options. Even if the officer determined that you were intoxicated after a breath test in the field, you can still fight the charges against you. A skilled attorney like Andreea will review your case and determine the best strategy based on the circumstances surrounding your arrest. Depending on your specific situation, Andreea’s insight could lead to a reduction of charges or, at best, a dismissal of the case.
Your Right of Refusal
The next test that the officer will ask to administer is a blood test. This is much more accurate and reliable than the breathalyzer test and is trusted by more juries. The recommended course of action when asked for a blood sample is to refuse. This will require the officer to get an arrest warrant for a sample of your blood. In most cases, the judge will sign the arrest warrant. If a warrant is not issued correctly or it is not filled out completely, it could cause the blood evidence to be thrown out.
Once the search warrant is executed, you are required to give a blood sample. Remain polite during this process, but do not provide any additional information to the police officer or the nurse taking the sample as anything you disclose can be used against you.
“I hired Ms. Ionescu for a DWI case. She is very thorough. She explained to me all the tests that were done. She knows what to look for and she noticed things that the prosecutor didn’t. She is always available and kept me informed about the status of the case.” Melissa
The completed blood draw signals the end of the officer’s DWI investigation, which will mean that the officer will begin the paperwork for the booking process. You may be able to use your personal phone or the jail phone to make your phone call. Then you will meet with a pre-trial services representative to see if you qualify for pre-trial bond. If so, you can be released on your own recognizance. Remember that everything you say to your pre-trial services representative could also be used in the case the State is building against you. If released on pre-trial bond, make sure that you understand the terms of your release.
If you have been arrested for a DWI in Fort Bend County, it’s imperative to your case that you contact an experienced lawyer as soon as possible so they can begin preparing your defense. These cases are technical and have strict deadlines, so it is best to find your lawyer quickly. Andreea is committed to defending the rights of her clients. She will go above and beyond to make sure that questions are answered and facts are shared. Call Andreea today at 832-509-0222 to schedule your free consultation. Don’t wait another day to fight for your rights.