In most DWI arrest scenarios, people are pulled over for a minor traffic violation and then the officer establishes probable cause to suspect that they’ve been drinking. Getting pulled over for a minor traffic violation after you’ve been somewhere where you drank alcohol or smoked marijuana can leave even the calmest and most confident person in a pool of sweat. Keep in mind that in Texas it is NOT illegal to drink THEN drive. It is illegal to drink AND drive (at the same time), so leave the “roadie” at home and be sure you throw away any leftover open containers in your vehicle before venturing out onto the roads. And by all means, don’t make your situation worse by being stupid.
If you’re pulled over for speeding or running a stop sign, your adrenalin may kick in to high gear. But before you even think of speeding off from the traffic stop, remember the penalties of evading a DWI arrest in Texas—or any other arrest for that matter—will only make your situation worse.
1. What Punishments Am I Facing If I Evade a DWI Arrest in Texas?
Your dumb decision will allow officers to charge you cumulatively for multiple offenses because you’ll pay the price for the original traffic violation, the DWI (if your blood test comes back with a blood alcohol content of .08 or higher), evading arrest, AND whatever laws you break (speeding, reckless driving, etc.) while evading pursuing officers.
Texas Penal Code Section 38.034 states that a person is charged with evading arrest if they knowingly run or drive away after committing a crime. If you evade arrest by foot, it’s classified as a Class A misdemeanor which is punishable of up to a year in jail and a $4,000 fine.
If you evade arrest by vehicle, it’s a State Jail Felony which carries a punishment of up to two years in prison and a $10,000 fine.
2. What Should I Do Instead?
Be smart and don’t run. We understand how anxious you can be if you think that you may be arrested for DWI. Promptly pull over, stay calm, allow the officers to do their jobs, and accept the traffic ticket. Don’t answer any questions about where you’ve been or where you’re going.
You don’t have to answer the officers if you don’t want to. Exercise your right to remain silent and contact your lawyer if you are arrested for DWI. Remember that you can pay a traffic fine and the state has to prove that you’re guilty of a DWI, but the optics alone of evading arrest make the DWI look even worse, PLUS you have the evading arrest charge to contend with.
3. What If I Unintentionally Evade Arrest?
This is also a possible scenario. It may look like you’re trying to evade arrest when you’re really not. Ultimately, it is the state’s responsibility to prove that you were attempting to flee.
It’s possible that you didn’t hear the sirens, or the police vehicle wasn’t identifiable. Perhaps the roads were covered in thick fog, resulting in poor visibility, which means you could have a stronger legal case if you are charged. However, don’t intentionally evade arrest with the hope that the state will give you the benefit of the doubt. That rarely happens.
4. Hire a Tenacious Lawyer to Defend You
So you’ve been charged with multiple offenses, including DWI, evading arrest, and a host of traffic violations. You’re going to need a DWI lawyer in Texas. Attorney JL Carpenter can fight to protect your rights and freedom and work relentlessly toward getting your charges dismissed. She has extensive experience handling DWI cases for clients across Clear Lake, Friendswood, Webster, and the surrounding areas.
As a trusted criminal defense attorney in the Greater Houston area, JL fights aggressively for her clients. Take a closer look at her case results and, when you’re ready, schedule a consultation.
In addition to DWI, JL’s practice areas also include BWI, domestic violence, family violence, and drug possession, among others.