William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

June 26, 2009

What the cops aren’t telling you is that you have a choice.

They don’t mention that you have the freedom to choose whether to do the field sobriety tests. What they do is tell you in a “command voice” (that’s what they call it in the Police Academy) to “come over here and stand with your feet together and your hands at your sides.” And before you know it, they are administering field sobriety tests.

They don’t tell you in plain English that you are free to refuse to give a breath or blood sample.

They don’t tell you that for a first DWI arrest, the only consequence you get for refusing to blow, instead of blowing, is that if your license is suspended it will only be suspended for three additional months than it otherwise would have been if you had blown and the result were .08 or higher.

They don’t tell you that you can get an occupational license for the entire time your license is suspended.

When I grew up my parents taught me to respect authority, and that meant doing what police officers told me to do. As a child, I assumed that because the police were in authority, that they would play fair. That is what I learned as a child.

If you’re reading this, you probably aren’t a child anymore. The sad truth is that police take advantage of what our parents taught us, of our natural inclination to respect authority. Today, I believe, parents should also teach the values underlying our constitution. Specifically, that the United States Bill of Rights was written to restrain government, not people.

Nowadays some police officers are out of control. There are officers who would arrest a criminal defense lawyer for giving someone legal advice right before the client has been lured into the field sobriety tests. Police officers who violate civil liberties, who interfere with attorney client communications should respect the authority of the Constitution they swore to uphold, and hand in their badges.

William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

Most recent entries.

All past entries.