Facing a DWI charge in Texas can feel overwhelming, but knowing how to handle the situation from the start can make a significant difference. Here are three critical steps to protect your rights and increase your chances of beating a DWI charge in Fort Worth:
1. Don’t Answer Police Questions – Exercise Your Right to Remain Silent
The Fifth Amendment protects your right to remain silent. When stopped by law enforcement, anything you say can and will be used against you. Instead of answering questions about where you’ve been, what you’ve had to drink, or how much, politely inform the officer that you choose to remain silent and want to speak to an attorney.
By staying silent, you avoid giving the police evidence to build their case against you. A simple, respectful statement like, "I choose to remain silent," is enough to protect yourself without escalating the situation.
2. Don’t Perform the Standardized Field Sobriety Tests (SFSTs)
Field Sobriety Tests (such as walking in a straight line or following a light with your eyes) are designed to gather evidence of impairment—but they’re highly subjective and unreliable. Even sober individuals can fail these tests due to nerves, medical conditions, or poor instructions from the officer.
In Texas, you are not legally required to perform these tests. Politely decline by saying, “I do not consent to any field sobriety tests.” Refusing to participate prevents the officer from using potentially faulty test results against you.
To learn more about SFSTs, visit SFSTs explained.
3. Don’t Consent to a Blood or Breath Draw Without a Warrant
In Texas, implied consent laws mean you’ve agreed to submit to a blood or breath test when lawfully arrested for a DWI. However, you are within your rights to refuse these tests unless the officer obtains a warrant. Politely decline and state, “I do not consent to any blood or breath test.”
Refusing might lead to temporary license suspension, but it also denies law enforcement immediate chemical evidence to use against you. This can make it harder for the prosecution to prove their case, and your attorney may later challenge the legality of a forced blood or breath draw if a warrant was improperly obtained.
Contact Us for a Free Consultation with our Fort Worth DWI Criminal Defense Attorneys
Navigating a DWI charge successfully requires a strategic approach and a deep understanding of Texas law. A skilled criminal defense attorney in Fort Worth can analyze your case, identify any procedural errors, and develop a tailored defense strategy. By knowing your rights and taking these steps, you can protect yourself and increase your chances of beating a DWI charge in Fort Worth, Texas. Visit our DWI page to learn more.
Our Fort Worth DWI Criminal Defense Lawyers have helped thousands of clients fight DWI related cases in Fort Worth, Tarrant County, and throughout the greater Dallas – Fort Worth Area, such as:
Contact us today at (817) 349-7118 for a FREE Consultation with the Fort Worth DWI Criminal Defense Lawyers at The Law Offices of David Sloane!