The holiday season is a time of joy, celebration, and gathering with friends and family. However, it's also a period when police are out in full force looking for drunk drivers. When you operate a motor vehicle after drinking alcohol, you not only endanger yourself and others, but you also increase the risk of being charged with a DWI. There's a reason why you want to avoid a DWI arrest during the holidays at all costs.
Police will be out looking for drunk drivers this holiday season
DWI charges in Texas can be harsh. For a first offense, you could face up to 180 days in jail and $2,000 in fines, as well as lose your license for up to one year. Second or subsequent DWI offenses can carry more harsh penalties.
To help you avoid this, the Texas DWI lawyers at our law firm offer valuable tips for avoiding a DWI each holiday season. In the event that you're charged with a DWI, we would be glad to listen to what happened and explain how a DWI attorney can help.
Plan ahead to avoid a DWI arrest
Before heading out to a holiday event, plan how you will get home safely if you intend to drink. This could include arranging a designated driver, booking a taxi, or using a rideshare service such as Uber or Lyft. Don't worry about having to leave your car somewhere. It's better to have to go back and get it the next day than end up with a DWI charge. You can also ask to spend the night in advance if you plan on drinking.
Know Your Limits
If you're caught driving with a blood alcohol content (BAC) level of 0.08% in Texas, you could be charged with DWI. You may be able to get away with having a drink or two, but it's important to understand your alcohol tolerance. The effects of alcohol can vary based on weight, age, and metabolism. Be aware of how much you're consuming, and remember that it's easy to overestimate your ability to drive after drinking.
If you plan to have only a drink or two, give yourself plenty of time for the effects to wear off. Don't drink any alcoholic beverages before driving home. Eating also helps to reduce the effects of alcohol.
Refuse to drink and drive to avoid a DWI arrest
If you plan on driving, it's always best practice to avoid drinking at all. Make a personal commitment not to drink and drive under any circumstances. This commitment not only protects you but also everyone else on the road.
You may face some peer pressure. But that's okay; you don't have to give in to it. Stay true to your limits, regardless of what others are doing, and don't feel compelled to drink just because others are.
Know your rights if you get pulled over
If you get pulled over by police and are suspected of DWI, it's important to know your rights. Your actions during a traffic stop can help you avoid a DWI conviction, even if you're arrested. Here are some steps you should take:
- Stay polite and compliant: It's important to stay calm, polite, and non-confrontational. Being aggressive or resistant can escalate the situation and work against you.
- Remain silent: You have the right to remain silent when pulled over. While you must provide your license, registration, and proof of insurance, you're not required to answer incriminating questions.
- Refuse to perform a field sobriety test: In Texas, you can refuse to perform field sobriety tests without legal penalties. These tests include walking in a straight line or standing on one leg.
- Understand Texas's implied consent law: Texas's implied consent law states that if you are lawfully arrested by an officer who has probable cause to believe you have been driving while intoxicated, you automatically consent to chemical testing of your blood, breath, or urine to determine your blood alcohol content. Refusal to submit to testing can result in automatic suspension of your driver's license and potentially other penalties​​.
- Right to an attorney: You have the right to consult with an attorney. If you're arrested, you can request to speak to a lawyer before deciding whether to submit to a chemical test.
Contact an experienced Texas DWI lawyer for legal help
If you are charged with DWI during the holidays, you're not out of options. Attorney Amanda Webb - DWI Lawyer can help you fight the charges or reduce the consequences. We'll investigate the arrest that led to your DWI charge and challenge chemical or breath test results. We'd be glad to learn about your case and advise you on what to do during a free consultation. Contact us online or call our law office in Conroe, TX to learn more.