Hi My name is David and I have been a member of the Houston Lawyer Referral Service for seven years.
The holidays are a time when we celebrate and a lot of those celebrations involve alcohol.
I am going to discuss what you might do if you are pulled over for DWI and what to expect. This is not legal advice and you find yourself in the situation where you have been arrested for DWI, you need to contact a lawyer about your specific situation.
Let me say this from the outset, take an Uber, a Lyft or a cab if you are intoxicated or if you feel like you may be intoxicated or you are on the line. The money that you spend on that ride will pale in comparison to the cost of a DWI and all the hassle that goes along with it.
That said we all make mistakes especially when we have been drinking. If you are stopped by the police for DWI or really for any reason always be calm and courteous, being resistant or aggressive with an officer who is trying to do their job will not serve you well if a charge is filed and the case goes to court.
If you are stopped you can expect the officer to ask some questions about where you have been and where you are going and if they smell alcohol on your breath they will conduct a DWI investigation based on that alone.
This is what that investigation will look like: you will be asked to take standardized sobriety tests whether or not you choose to take part in these sobriety tests is your decision. But if you decline to take them, be sure to be courteous.
If you refuse to take the field sobriety tests expect to be detained and brought to the police station where you will be presented with two options, which is the same two options you will be presented with if you failed the sobriety tests in the officer’s view. And those options are taking a breath test and taking a blood test.
If you refuse to take a breath test in Harris county they will get a search warrant to draw your blood. Harris County has been doing this for a while so you are going to get tested whether you agree or not.
I am not going to opine on which test may be more favorable because a lot of it will depend on the individual circumstances of each case. After that, if you fail the breath test or you take a blood test where the results are not going to be known for a period of time, you are likely going to be booked into jail and a bond will be set and you can expect to spend the night before you are released.
It’s important that you contact a qualified DWI attorney as soon as possible because you only have 15 days from your arrest to take action that may prevent your driver’s license from being suspended.
I sincerely hope that anyone watching this video does not find themselves charged with DWI over the holidays but if you do this is what you can expect.
I would encourage you to contact the Houston Lawyer Referral Service if you decide to consult with an attorney. The Houston Lawyer Referral Service has qualified pre screening attorneys that are available for hire. You can go to HLRS.org for more information or email info@HLRS.org.
Have a happy and safe holiday.