Shawn Brown, of the Law Offices of Shawn C. Brown, recently sat down with Shelly Miles on News 4 WOAI’s San Antonio Living to discuss the importance of staying safe during the holidays. Here are the key takeaways from their conversation.
Plan Ahead for a Safe Night Out
Shawn emphasized the importance of having a plan before heading out to holiday parties:
- If you know you’ll be drinking, call an Uber or arrange for a designated driver.
- Avoid putting yourself or others at risk by driving after consuming alcohol.
What Happens During a DWI Stop?
If you’re pulled over, here’s what you need to know:
- Officers are trained to spot signs of intoxication. If they smell alcohol or hear you admit to drinking, their suspicion increases.
- They may ask you to perform a field sobriety test.
Can You Refuse a Field Sobriety Test?
“Yes, absolutely,” says Shawn. However, he stresses the importance of being polite and respectful throughout the interaction.
- Remember: Officers wear body cameras. Everything you say and do is recorded and could be used against you.
Refusing a Breath Test
Shawn also explained that you can refuse a breath test. In his opinion, breath tests are not always reliable.
- If you refuse both the field sobriety and breath tests, you will likely be arrested for suspicion of DWI.
What Happens Next?
Refusing tests doesn’t mean you’re automatically guilty, and it won’t automatically suspend your license.
- After an arrest, you have 15 days to request a hearing to fight for your license through a process called Administrative License Revocation (ALR).
- The ALR is a separate case from the DWI charge and gives you an opportunity to protect your driving privileges.
What Should You Do If You’re Arrested?
If you find yourself in this situation, Shawn Brown advises:
- Stay calm and respectful.
- Contact a qualified DWI attorney immediately.
- Act quickly to request your ALR hearing within 15 days.
The holidays are a time for celebration, but safety should always come first. If you need legal assistance, the Law Offices of Shawn C. Brown is here to help.
Call us anytime: 210-224-8200
Learn more about DWI defense: CLICK HERE
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