The release of the Vince Young DWI video of his arrest reminds me of the routine question I am regularly asked as a board certified DWI lawyer: What should I do if I am stopped for DWI? Do I answer the officer’s questions? Do I attempt to do “sobriety exercises”? Do I refuse or take a breath test?
Vince Young DWI Video Shows how much power police have
The answer is simple and the Vince Young DWI video shows it: DWI is an opinion crime. An arrest decision rests solely on the opinion of the arresting officer. The United States and Texas Constitutions do NOT require you to answer an officer’s questions, try your hand at “sobriety exercises”, or take a breath test. There is no need to provide evidence to an opinion crime.
What might appear to be benign questions on the surface, these questions are designed to acquire evidence to be used and twisted against you even if the answers prove your sobriety. Police officers tout that they make arrest decisions based upon the “totality of the circumstances”, but the truth is that officers cherry-pick certain answers to justify their arrest decision, and ignore all the other answers.
It is perfectly legal to request a lawyer rather than answer questions.
Police Are Not Instructed Properly
“Sobriety exercises” like the ones shown in the Vince Young DWI video are difficult. Period. For anyone intoxicated or sober. And the police scoring system unjustly grades any innocent mistake as being caused by intoxication—regardless of whether the mistake is due to nervousness of being pulled over by police, a legitimate medical problem, or lack of proper police instruction.
The Flawed Breath Test Machine
Breath testing is not reliable or accurate for everyone due to physiological differences between all human beings. Further, Texas government officials made a policy decision to NOT utilize the safeguards on their breath testing machines that could prevent some of the physiological differences from causing a falsely inflated breath test score. Texas is using their new breath test machines in a way it is not designed to operate.
Texas pulled the plug on the manufacturer’s safeguards that both the manufacturer and the scientific community believe is necessary for quality assurance in breath testing. Thus, many sober people could be wrongly convicted due to a breath test machine just because the Texas breath testing officials are cutting corners.
What to do if you’re arrested and confused
If you find yourself in a DWI arrest where you need your answers untangled, your sobriety exercises re-graded, and your breath or blood test fully investigated, you should immediately contact the board certified DWI lawyers at Trichter & Murphy with the experience and expertise to defend your case.