William Marcus Wilkerson
Photo of attorney William Marcus Wilkerson

don't give up your rights without a fight.
choose marcus wilkerson

Photo of attorney William Marcus Wilkerson
Photo of attorney William Marcus Wilkerson

Did you admit to drunk driving without knowing?

On Behalf of | Mar 13, 2024 | Criminal Defense |

Driving while under the influence of alcohol is a serious offense. A conviction can result in fines, revocation of your driver’s license and, in severe cases, jail time. Even if you are not convicted, impaired driving is a risk to yourself and other road users. 

If you find yourself in a situation where you are the subject of a DWI investigation, you need to know what to do and the missteps to avoid. Here are two ways you could be admitting to drunk driving without knowing:

I only had a glass of wine…and that was 3 hours ago

During the DWI stop, the police will among other things ask where you are coming from and whether you’ve been drinking or not. You are not obliged to answer this question. While the police might seem friendly during the stop, do keep in mind that they are doing their job – investigating a crime based on reasonable suspicion. Admitting that you took wine hours before getting behind the wheel will only inspire them to take their investigation more seriously. 

Yes, I took some beer, but that can’t make me drunk

This might sound like an innocent conversation with the police during the stop. However, it’s not your call to determine whether your blood alcohol level exceeds the legal threshold or not. That’s the job of the police based on Texas’ DWI laws. You also have no way of knowing how your system responds to alcohol. If the police ask if you’ve been out drinking, you are better off responding that you do not wish to answer that question in the absence of your attorney.

Protecting your rights

The 5th Amendment protects you against self-incrimination. Knowing what to say (or avoid) during a DWI stop can help you avoid costly mistakes that can jeopardize your case should you go to trial.