Police have routines.  One of those routines is to say that they “detect the odor of alcohol” when pulling over a person driving during peak “drinking hours”, usually evenings and weekends.  This is the statement they use to say that they have probable cause to get you out of the vehicle and to begin a DWI investigation.

After you are out of the car, be very aware that you are being video and audio recorded.  Stand as straight as possible.  Do not be chatty.  Answer questions as succinctly as possible.  You have the right to refuse any roadside breath tests or field sobriety tests that are offered to you.

You will also be taped once you have entered a special room in the Police station once you have been brought in.  Again, stand as straight as possible and answer any questions succinctly.  You have the right to refuse a breath test when they ask you to take it.  In Texas, it is legal, however, for Police agencies to secure blood-draw warrants, which allows for blood to be taken from you.  Do no resist or tell the Police that your Constitutional rights are being violated.

The videotape and audio recordings are a large part of the evidence used against you.  The better you look and sound, the harder it is to prove that you were impaired.  If you, a friend or loved one is arrested for DWI, contact our offices immediately.

In Blackman v. State, 2011 WL 1376732 (Tx. Crim. App. 2011), a person was arrested, tried and convicted of the offense of possession of a controlled substance with intent to deliver.  The defendant in question was riding in the passenger seat of a car in which the drugs in question were discovered on the floorboard behind the driver’s seat.  The Court of Criminal Appeals stated ANY rational trier of fact could have found the defendant guilty of the crime beyond a reasonable doubt.  In other words, the Court was stating that any jury of reasonable people would assume that by riding in the car, the defendant knew and most likely handled the drugs at some point.  As a result of this ruling, ANY person who places themselves in the vicinity of illegal drugs places themselves in a position to be charged with possession of those drugs.

Is this common sense?  How often when you get into someone else’s car do you check under the seat to see if they hide their drugs there?  When was the last time when you looked under the seats of your car to see what was under there?  What one may think is common sense DOES NOT MATTER with regards to the laws on the books and courts’ interpetations of those laws.

The Bottom Line:  If you put yourself into a situation where there are drugs around, know that you too can be charged with possession of those drugs, even if they aren’t yours, they aren’t in your control and even if you had no idea there were drugs in the immediate area.  Be careful where you go and who you associate with.

If you, a friend or loved one has been arrested for drug possession, or any other criminal offense, call our offices immediately.