Austin, TX Attorney, Kevin Bennett, outlines the development of a traffic stop quickly turning into a DWI investigation.
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“Many peoples’ first introduction to the criminal justice system is through a DWI arrest. Somebody is driving and before they know it, there’s lights flashing behind them. Maybe they’ve had a couple of drinks and they’re nervous, and when the officer approaches them, the officer will immediately state that they smell alcohol, and ask them to get out of the vehicle. Without telling you you have the option to refuse, they will start field sobriety tests. Assuming that you are intoxicated, one of the last things they’re going to have you do is blow into a portable breathalyzer. Now this portable breathalyzer; this is not what we consider the intoxilyzer. The portable breathalyzer is a handheld device that’s offered at the scene of the arrest and it is not admissible in court. The officer will tell you. But they don’t tell you is that whatever you blow; they’re going to use that in their determination to take you to jail.”