How to Refuse

As we go into this weekend I want to remind everyone around Texas that if you get stopped for any reason and the officer begins asking you questions about where you are going to, or coming from, that the officer is not just making idle chat.  He is asking you these questions so that he can find out whether you are coming from, or headed to, a bar.  If you are, then you are likely going to be asked to step from your car and perform field sobriety tests.  

Most DWI stops start long before even know the officer is watching you.  If an officer sees your car swerve, fail to fully stop at a light or stop sign, or commit any other traffic violation, then you will be pulled over and the officer will begin the second phase of the DWI stop - Personal Contact.

It is in this phase that many people seal their fate for the night.  If you admit drinking, or even being in a bar, then the officer is going to have you step out and ask you to perform field sobriety tests.  You are not required by Texas law to answer any of these preliminary questions.  You have to give him your driver's license, proof of insurance, and registration papers, but you do not have to tell him anything about your night or your drinking.  Furthermore, you do not have to perform the field sobriety tests.

If you get stopped and the officer starts asking you a bunch of questions about where you are coming from or going to, or anything else other than for you to give him your driver's license, proof of insurance, and registration, then politely reply, "I do not want to answer any questions without my attorney Jamie Balagia present.  Please tell me when I am free to go."

If the officer says or asks you anything else, simply keep quiet.  If he orders you out of the car, you must comply.  If, however, he asks you to step out, you may ask whether that is a command or is he asking you to step out.  Do not be rude or argumentative.  And do not start to defend yourself when the officer begins asking questions about why you will not answer his questions or perform the field sobriety tests.  Simply remain quiet.  That may seem difficult, but doing otherwise will likely land you in jail.  

Our phones are answered 24 hours per day.  If you get stopped tonight, or this weekend, call us.  We will give you the best advice for your situation as we can.  If you are going out drinking then it is best that you either have a designated driver - someone who does not drink alcohol all night long - or, take a taxi.  Don't let a DWI ruin your weekend fun.