Don’t let a DWI spoil your career chances! Remember, don’t drive drunk; never drive if you have consumed alcohol to the point of intoxication.

With the season of the outdoors upon us, I wanted to extend a dire warning to those of you who decide to drive after consuming alcohol. One rule of thumb is to plan on getting stopped by the police on your way home. Below are some simple rules to remember as you prepare to make that decision.

Video evidence. If you get arrested, your words and actions can come back to haunt you. Did you know that you will be video and audio taped during the DWI investigation and the entire ride to jail? What you say, how you act and what you do could be shown to a judge and jury, so be on your best behavior. Always be polite, don’t use profanity, don’t beg, don’t cry, don’t act hysterical and don’t make admissions or fall asleep in the police car.

Invoke your right to remain silent. Are you aware that you have the right to remain silent and not answer any questions the police ask you about drinking? Do you know why the police ask certain questions? They are trained to develop as much evidence as possible to justify arresting and convicting you. They are not trying to find a reason to let you go free. The police report rarely includes facts that support your innocence.

You have the legal right to refuse any and all field sobriety tests. The choice is yours.

You don’t have to perform the “eye test.” Would you go to the police department to get an eye exam or to check on a vision problem? Of course not! The cops are testing your eyes for HGN (alcohol-related Horizontal Gaze Nystagmus), but there are 38 causes of HGN other than alcohol or drugs. Also there are 47 different types of Nystagmus. At trial the officers always testify that they can only identify “alcohol caused” Nystagmus, and that is what they saw in your eyes. This test is the No. 1 reason used to support the officer’s arrest decision.

You don’t have to perform any coordination exercises (Standardized Field Sobriety Tests, or SFSTs). It is very unlikely that you will be released if you attempt these exercises. Most sober citizens cannot “pass” the SFSTs. They are judged subjectively by the officer, who decides whether they pass or not.

You don’t have to take the breath test. There are two types of breath testing devices. The Intoxilyzer 5000EN is the Texas breath-testing device; it is maintained at the jail, and citizens cannot take the Breathalyzer test unless they are already under arrest for DWI or DUI. Don’t make the mistake of thinking they will “un-arrest” you if you should pass the breath test by blowing under 0.08.

A few officers carry Portable Breath Test or Pre-Alcohol Screening devices (PBT/PAS). The handheld PBT is about the size of a mini-camcorder or large cell phone. Texas courts only allow the officer to testify that the device detected the presence of alcohol. The Blood Alcohol Content, or BAC, reading is not allowed in testimony. If you are under 21 years of age, the presence of alcohol alone can get you arrested for DUI. The police will not let you go because you blow lower than a 0.08, so don’t blow in either of these devices!

Never voluntarily consent to a blood test. How do you know the blood vial was correctly prepared? Labeled? Transported? Stored? Some officers threaten to get a warrant for your blood. Make them get a warrant to perform invasive scientific tests on your body! If the officer gets a warrant, we can attack it later in front of a judge.

You have the right to appeal any driver’s license suspension the cop threatens you with. The police request a breath or blood test from everyone arrested for DWI. If you refuse to provide a sample, you will have your driver’s license taken away, and you will receive a temporary driving permit. Your license will be automatically suspended for a refusal unless you file an appeal within 15 days of your arrest.

** Under the Texas statute, the police can take your blood for any felony DWI or misdemeanor DWI if someone other than the driver is injured and is transported to the hospital. It is always best to know your choices and the best action to take prior to being faced with the decision while you’re under extreme stress and threatened with arrest.

*** Holders of commercial driver’s licenses should seek separate legal counsel about whether to submit to the breath and blood sample request.