Drunk driving arrests are common throughout the year in Texas—especially in the summer and during the holidays. As people attend Christmas parties for friends and family and for work, they may overindulge in drinking and decide to drive home. If you’re attending any event this holiday season where alcohol is being served, take a rideshare or taxi or go with friends and appoint a designated driver. All these options are less expensive than forking over thousands of dollars for attorney’s fees and court costs. Be smart and avoid the DWI arrest.
However, bad things do happen to good people. In Texas, it is not illegal to drink and then drive. So if you plan on drinking, be responsible. And if you find yourself getting pulled over (typically this will happen because of a traffic violation), you should know what to do and what not to do. Here’s a guide to help you navigate your Christmas drunk driving arrest.
1. Don’t Give the Officers a Hard Time
Nobody wants to get arrested during the holidays. If you’re pulled over for drunk driving, you may panic and try to get out of the situation any way you can. No matter what you do, avoid giving the officers a hard time. Don’t mislead them or lie to them. The side of the road is not the place to argue your case—that will come later in court. Be polite and comply with their requests to provide your driver’s license. However, you have the right to refuse the roadside tests.
So if the officer asks you to perform physical tasks like standing on one leg with your arms by your side or walking a straight line heel to toe, you can politely refuse. The same holds true for the breath test. You are under no obligation to take it or the blood test. And if the officer says that he or she will get a warrant to take your blood, tell them to do it. Until the officer has a warrant, don’t submit to a blood test.
Remember, you are being recorded on both the dashcam and the officer’s body camera. Any poor conduct with them will look bad to the court and, even though it may not prove or disprove your intoxication, it can still be used against you in court.
2. Call a Competent, Aggressive Criminal Defense Lawyer
As soon as you make bail, call a DWI attorney like JL Carpenter, who will handle your case. You will need your attorney for two appearances. The first is your administrative license revocation (ALR) hearing. When you were arrested, your driver’s license was suspended. This is the procedure where you will have 15 days from the day of your arrest to schedule a hearing to petition the court to get your driver’s license back.
The other appearance is your DWI criminal case. Whether it’s a first offense or worse, you absolutely need an attorney to represent you in court. Do not be foolish and think you can handle your own case. You have the right to do it, but that doesn’t mean you should do it. Invest in a capable DWI lawyer who will aggressively work to have your case dismissed. Hire your attorney to represent you at the ALR hearing so he or she can see the evidence the prosecutors will use to argue your criminal case.
Recommended Read: 10 Things to Know if Stopped for DWI
Need help fighting your Christmas drunk driving arrest? Attorney JL Carpenter is an aggressive DWI attorney located in Friendswood but serving clients all over Houston, including in Clear Lake, Webster, Galveston, and the surrounding areas. She fights rigorously for clients who are facing unjust drunk driving charges.
JL’s practice areas also include drug possession, family violence, domestic violence, and related crimes. If you’re looking for legal advice and representation, give her a call today. For more information, take a closer look at her reviews.