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4131 N. Central Expwy.
Suite 680
Dallas, Texas 75204-2171

Telephone: 214-739-4515
Fax: 214.739.3234

DWI Defense Advice for the State of Texas

This DWI advice is provided by
Dallas DWI attorney John Gioffredi
(214) 739-4515

Just Say No...

Situations may vary, but in most cases, the simplest, most effective defense is for the suspect to POLITELY refuse to participate in ANY testing or questioning. Just say no!

The only thing you must do in a DWI investigation situation is to provide the officer with your proper identification. All sobriety testing is voluntary on the part of the suspect.

The "Just Say No" defense is grounded in the simple premise that it is almost impossible to establish that someone is intoxicated if the individual merely sits (or stands) there saying nothing and doing nothing. It's hard to screw up "doing nothing."

This is NOT to suggest that you should drive drunk, or be irresponsible in operating a motor vehicle. No amount of legal advice can keep a drunk driver from being arrested, or killing themselves or someone else. Use your head, and drive responsibly!

Generally speaking, if you are stopped for DWI in Texas, you are better off to politely refuse to do ANY testing.

The first test the police generally request is horizontal gaze nystagmus - the "follow the pen with your eyes" test. As soon as the police request you to perform this test, simply and politely refuse. Then refuse all other testing as well.

Many people seem to have trouble saying no to a police officer. The easiest way is to simply turn the tables on the officer:
"Officer, which tests am I required to take? Oh? I'm not required to take ANY tests? Well, then, I know that I'm not intoxicated, but since I've never done these tests before, I'm not going to take them now."

Some lawyers have stated that refusing all of the tests will result in you being arrested every time. This is clearly not the case. I have had several clients utilize the "politely refuse all tests" approach, and the officers let them drive off, or let them call a friend to drive them home.

If you refuse to take any of the tests, even if the officer DOES arrest you, you stand an excellent chance of beating the case. No tests basically equates with no evidence, and no evidence almost always leads to a not guilty verdict.

If you TAKE the tests, you basically are giving the police all of the evidence they need to convict you, and you are handing it to them on a silver platter!

Six more quick notes:

  1. The police may video or audio tape you at any time, with or without telling you. It is always beneficial for you to work in the words: "I know that I'm not intoxicated, but..." a few times.
  2. Just like you should not take any tests, you shouldn't answer any QUESTIONS either. Remember, anything you say can and WILL be used against you.
  3. There are driver's license suspension consequences for failing or refusing to take a breath or blood test. Just IGNORE those driver's license consequences. There is NO driver's license consequence which is worse than a DWI conviction!
  4. License suspension problems are temporary at worst, and in most cases you can easily obtain an occupational license to replace your regular license. License suspensions are temporary. DWI conviction are forever!
  5. This is NOT an excuse to drive intoxicated. No amount of DWI defense "strategy" can prevent you from killing or injuring yourself or somebody else. Don't be an idiot! Don't drive intoxicated!

John Gioffredi
The DWI Lawyer
Dallas, Texas