1. You have the right to refuse to submit to chemical tests
Many experienced DWI Attorneys agree that the above tests are not completely accurate and therefore should not be taken. According to most experts of the three tests, the blood test is the most accurate. The Breath Test is the easiest for the officer, because the machine is available and already housed at the police station. The urine sample is the least accurate by all accounts, and rarely offered.
However, if you agree to take one of these chemical tests for the police, remember that you are then entitled to request your own independent test, so you need to request a blood test also. Most police officers will not provide you with that information. Therefore, calling an experienced DWI lawyer immediately after your arrest is very important.
Although you may refuse a chemical test, there can be consequences on your license. Of course, having you license suspended is no where near as devastating to someone as a DWI conviction (which will often revoke your license anyway!)
2. You have the right to a knowledgeable attorney!
OK, this may seem obvious, but it is important. All attorneys are not created equal. Just because you had an attorney handle your divorce, or a traffic ticket for you once, does not mean they are knowledgeable enough to handle the intricacies of a DWI case.
This is serious business with serious consequences. Make sure you have someone that knows what they are doing!
I am confident that within the first 5 minutes of your free consultation, you will know that I am very good at what I do.
3. You have the right to remain silent!
Everyone has heard this over and over on TV, yet no one seems to stop and think about what it means. It means just what it says! After most DWI arrests, the arresting officer will read you your rights, and casually ask you if you want to answer any questions. MANY people say "O. K." At this point, they are already under arrest, already going to be charged, and answering questions simply helps the police to make a stronger case against you. Even if you feel you were not intoxicated, there is no possible way that you are going to be able to "explain" away your case to someone that just arrested you!
4. You have the right to a trial by jury!
Most times, this is the only way to stand up for yourself, and proclaim to the world those two words... "Not Guilty." This occurs at the beginning of every jury trial after the formal charges are read to you.
It is only through this constitutional right that we are able to force the State to prove to a jury "beyond a reasonable doubt" that you are guilty. This is the same jury that must presume you innocent until proven guilty.
5. You have the right to confront your accusers!
During your trial, you have the constitutional right to confront your accusers. This is handled through your attorney's right to cross-examine any witnesses against you.
I always thoroughly cross examine all police officers, breath test operators, back-up police officers, and Intoxilyzer 5000 "Technical Supervisors." Cross-examination is often the only way to present to a jury the problems with FST's and Breath or Blood tests.