Can You Get a DWI From Speeding?James Fletcher
In the United States, 78 people are given a speeding ticket every minute. With an average fine of about $150, these numbers really add up.
Whether you were speeding unconsciously or simply to pass a slow car, you instantly regretted it after you heard the sirens and saw the flashing lights of a police car behind you.
Then, the officer claims to smell alcohol, and you worry that speeding will land an even heavier blow in the form of a DWI.
But can you even get a DWI from speeding? Keep reading to find out.
Can I Get a DWI from Speeding?
An officer has the right to pull you over for any reasonable suspicion that you are breaking traffic laws or may be driving while intoxicated.
This right gives officers ample opportunity to legally pull you over and to give you a fine depending on the traffic violation.
If you were speeding, you have the right to be pulled over for that traffic violation. And if an officer suspects that you are intoxicated, they can and likely will further investigate your sobriety.
To test your sobriety, police often use field sobriety tests (FSTs) and breathalyzers during investigations into a DWI. While you don’t have to participate in FSTs or breath tests, many drivers voluntarily take these tests and are unaware they have the right to refuse.
How to Proceed
So you’ve been pulled over for speeding and are now threatened with a DWI, now what? They are definitely many things to avoid during your arrest, but here are your next steps.
Consider Refusing the Sobriety Tests
In the United States, driving a vehicle is considered a privilege and not a right. When you obtain a driver’s license, you agree to “implied consent” to chemical testing to determine blood alcohol concentration.
The officer can decide whether to do blood or breath testing, but you can also deny the test if there has not been a serious accident or you do not have prior DWI convictions.
There are certainly negatives to denying a test. In Texas, you will lose your license for a minimum of 180 days. And despite popular myth, you can still be charged with a DWI even without chemical proof. In fact, the prosecuting attorney can argue that your refusal proves guilt.
Should you refuse a sobriety test? It’s ultimately up to you, but be sure to know the potential consequences.
Hire an Attorney
You shouldn’t fight a DWI conviction on your own. With thousands of dollars, a suspended license, and jail time on the line, it’s essential to hire an attorney that can defend you.
If you were pulled over for allegedly speeding and that lead to your DWI arrest, an attorney may be able to argue that there was not reasonable cause to pull you over. If your attorney can prove that the officer’s pulling you over was unjustified in the first place, all evidence collected after the fact is then inadmissible in court.
You can be given a DWI ticket if an officer legally pulls you over for speeding.
You should know your rights and contact a knowledgeable attorney that will fight for you. For more articles on your legal rights during a DWI from speeding, visit our blog today.