Don’t ruin your labor day weekend
Drunk drivers be aware, Police officers, Constables, Sheriff’s deputies and Texas Department of Public Safety Troopers will all be out in force this Labor Day weekend. They will be out thick as thieves targeting drunk drivers.
In the Kingwood, Humble, Atascocita, and many other areas, they will stake out good spots across the street from the local sports bars and ice houses. They’ll be looking for people stumbling through the parking lot and getting into their cars. They will be right behind those people when they drive out of the parking lot. Don’t be one of them.
If you get arrested for drunk driving, you can look forward to topping off your holiday festivities in a small, crowded, stinky jail cell with 20-30 strangers and one toilet. If you are lucky, there might even be toilet paper. At that point you will sorely regret not paying a few dollars for a taxi.
The safest thing is not to drink and drive. Be safe. Get a designated driver. Taxi’s and Ubers are well worth the extra money you spend to get home safely.
An arrest for drunk driving is a nightmare. And it does not end when you bond out of jail. There are bond conditions, follow up court dates, missed work, license suspensions and thousands of dollars in surcharges if convicted.
Drunk driving stops are usually video taped. Everything you say and do is recorded. Therefore, you should abide by the following tips if you are stopped for suspicion of drunk driving.
First and foremost, don’t argue with the officer. This only aggravates an already bad situation. If you are driving drunk on a public street, you can be charged with DWI. Pleading with the officer to let you go because you only live a block away will not help.
Second you should be cooperative and polite with the officer. Being belligerent and argumentative are generally considered signs of intoxication. Sober people are usually cooperative and polite to officers.
Third the officer may ask you to get out of your car. If asked, get out. This is for the officer’s own safety. Too many officers have died recently in random police shootings. The officer will feel safer if you are not in your car within reach of a weapon.
Fourth you are not required by law to perform the so called field sobriety tests. You can simply and politely refuse the tests.
The field sobriety tests consist of the eye test where the officer has you follow a moving stimulus with your eyes only, the walk and turn test, and the one leg stand test. These are all designed to gather evidence for later use to prove you are intoxicated. Politely refuse to do them.
Fifth you are not required to consent to a breath or blood test. You should politely refuse to consent to the test. A simple no sir, I don’t want to provide a breath or blood sample will suffice.
The following will happen if you refuse the request for a breath or blood sample.
The officer will tell you your license may be suspended and he will get a warrant to get a blood sample. You cannot prevent this, so don’t try.
Your lawyer can request a hearing to fight your license suspension. He can also fight the taking of your blood sample so long as you do not consent to it.
The hearing on your license suspension must be requested within 15 days of your arrest. All experienced DWI lawyers know how to do this. Therefore, get legal advice quickly.
If they have a warrant, don’t resist. Just don’t give your consent. Your attorney can argue the legality of the blood draw later.
In Sum, abide by these tips if you are stopped for drunk driving.
- Be polite
- Be respectful
- Identify yourself and provide proof of insurance if requested
- Get out of you car if asked
- Do not agree to perform any field sobriety tests. Politely refuse
- Do not agree to a breath or blood test. Politely refuse
- If the officer gets a warrant, comply with the blood draw but don’t verbally agree to it.
If you are arrested for drunk driving, contact a family member as soon as you can and have that person bond you out.
Once you are out of jail contact a DWI attorney as soon as possible.
I’m always amazed at the bizarre inaccurate advice people get from non lawyers. The information is usually inaccurate or just plan false. Bad information can lead to bad decisions. Most DWI lawyers give free consultations. Take advantage of it and call one.
I always give free basic legal advice either over the phone or in person. You can call me and get free legal advice even if you don’t to hire me. Getting accurate legal advice relieves a lot of unnecessary anxiety.
