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DUI stops and rights in Texas

On Behalf of | Jan 10, 2022 | Drunk Driving |

Even though a driver’s blood alcohol concentration (BAC) is below the legal limit for drunk driving, a police stop may still result in DUI charges. Texas residents might find the stop and subsequent arrest lead to life-altering consequences. Besides issues with increased insurance rates to go with fines and suspensions, a driver may suffer a permanent record. Those who understand their rights at a drunk driving stop could be better positioned to deal with the situation and later defend themselves.

Points about DUI stops

Drivers may become upset when stopped at a DUI checkpoint, but the police might have enough probable cause to check the driver and vehicle. Getting upset or belligerent would only likely make the situation worse. Cooperating with authorities might make a DUI defense less complicated since resisting arrest or hostility could lead to additional charges.

Texas authorities could set up a “no-refusal” checkpoint, meaning anyone stopped must submit to a breath, blood, or field sobriety test. Failing any tests will lead to an arrest.

Rights and defenses to a DUI

Someone not well versed in criminal law statutes may not realize he or she has the right to remain silent during an arrest. Perhaps invoking such rights seems wise when arrested for drunk driving since anything someone says may become evidence against them.

Arrests will lead to court dates and a chance at dealing with the charges. Defenses to DUI arrests vary, and some strategies could point out the accused didn’t drink anything. Substances such as mouthwash could lead to false positives, and so might a poorly calibrated breathalyzer.

Defendants who can’t avoid a guilty verdict may argue for reduced penalties. First-time offenders could experience some leniency from the court.