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Five Surefire Tips For Avoiding A Holiday DWI

Abstract Background concept of alcoholic beverages and driving.

The holidays are a great time to celebrate! But they are also an especially bad time to drive after you’ve been drinking. The police are very aware that people will be drinking. An experienced DWI lawyer can help you fight charges, but the best thing to do is make sure you don’t get arrested for DWI at all. Here are five tips that are guaranteed to prevent a DWI over the holidays.

1. Don’t drink.

We’ll start with the most obvious. Sure, it’s the holidays, and you want to celebrate with friends and family. What’s the harm of a few drinks? If you’re driving later, you could get pulled over by police, who are looking for drunk drivers this time of year. The harm could be a license suspension, criminal charges, heavy fines, higher insurance rates, and even jail time. Stick to non-alcoholic options until you get home.

2. Ask for a ride.

You went to a party or dinner at someone’s house, and you had too much to drink. Ask someone there who has not been drinking if you could catch a ride home. Or ask a friend or family member ahead of time if they could pick you up if you need a ride home. Just make sure it’s someone you know who will not be drinking that day.

3. Agree on a designated driver.

If you are planning to attend a celebration with other people, choose a designated driver before you go. Maybe you can agree to play that role next time. Be sure it’s someone you know will not give in to pressure to accept a drink if offered. If you’re going somewhere with a cash bar, offer to pay for that person’s non-alcohol drinks.

4. Use Uber or Lyft.

Using a ridesharing service is a great way to ensure the police don’t pull you over on the way home. Make sure you have the app on your phone. Maybe you don’t like the idea of leaving your car at someone’s house or in the parking lot of a bar. But you will enjoy being arrested for DWI even less. It’s not worth the risk.

5. Considering hosting.

When you have people over, you won’t have to drive home. Another option is to book a room with some friends and celebrate at the hotel’s bar or restaurant. If you have a few drinks, you don’t have to worry about a DWI because you won’t be getting behind the wheel that night.

Contact a DWI lawyer for help

A DWI can have consequences beyond a license suspension, fines, and insurance rate hikes. If your job involves driving, it could be at risk. You may not be able to rent a car. Your reputation can be damaged.

If you are arrested for DWI in Texas, you need experienced legal representation. Attorney Amanda Webb has been practicing criminal defense in Montgomery County since 2009. She knows the Texas DWI laws and how the court system works. Her track record of success speaks for itself.

Attorney Webb is ready to fight for your rights. Learn more about how she can help. Contact us for a free consultation.

Will All New Cars Have Anti-Drunk Driving Systems?

Woman being stopped by police for driving while intoxicated.

People throughout the Houston area face DWI charges every year, and the stakes are high. Texas takes a very tough stance on people who have been arrested for driving while intoxicated. That's why it's important to have an experienced DWI lawyer who knows the laws and can build a strong defense.

The federal government also considers driving while intoxicated a serious issue in the United States. Now the National Transportation Safety Board (NTSB), a federal advisory agency, is recommending the use of technology that they hope will reduce the number of impaired drivers on the road.

The board has called for all new vehicles to be equipped with "passive vehicle-integrated alcohol impairment detection systems, advanced driver monitoring systems, or a combination of the two that would be capable of preventing or limiting vehicle operation if it detects driver impairment by alcohol."

A horrific accident prompts calls for changes

These recommendations come after an analysis of a crash on January 1, 2021, near Avenal, California. The driver of an SUV collided with a pickup truck on State Route 33. The driver and all eight occupants of the pickup truck were killed. Investigators found that the driver of the SUV had a high level of alcohol intoxication and was also driving at an excessive speed.

​"Technology could've prevented this heartbreaking crash – just as it can prevent the tens of thousands of fatalities from impaired-driving and speeding-related crashes we see in the U.S. annually," said NTSB Chair Jennifer Homendy.

What does this recommendation mean for new cars, exactly?

One thing it doesn't mean is that all cars will be equipped with breathalyzers. For example, some drivers convicted of DWI are ordered by the court to have alcohol ignition interlocks installed in their vehicles for a certain amount of time. These devices prevent a car from starting if alcohol is detected on the driver's breath.

The NTSB recommendation instead calls for the use of "passive" systems. There is some technology currently in use that could meet this definition. For example, some systems use a camera to monitor the eyes of the driver. If the driver's eyes drift from the road, the driver may be alerted, or driver assists may be deactivated.

An attorney can help if you've been charged

Tesla uses technology that detects muscular inputs in the human hand to ensure the driver's hand is always on the steering wheel.

Under the federal infrastructure bill passed in August, the National Highway Traffic Safety Administration (NHTSA) has three years to write rules governing the use of alcohol monitoring systems in cars. These rules will likely provide more information about the types of systems being discussed.

A conviction for DWI in Texas can result in thousands of dollars in fines, suspension of your driver's license, and potential jail time. You could lose your job if it involves driving, as well as damage to your reputation. Other consequences include higher insurance rates and the inability to rent a car.

If you were arrested for DWI, attorney Amanda Webb can help you aggressively fight your charges. Contact us for a free consultation.

Are Field Sobriety Tests Mandatory in Texas?

Texas police officer makes a DWI stop

The short answer: no. These tests are optional in Texas.

It's an iconic part of a DWI traffic stop: the officer instructs the driver to stand on one leg, walk a line, or follow an object with their eyes. Despite their unreliability, these roadside exams are administered every day in Texas.

Field sobriety tests are not a trustworthy way to estimate a driver's level of intoxication. The "results" rely on a police officer's gut instincts to help support drunk driving charges. That means there is a lot of room for even sober people to be arrested for driving while intoxicated (DWI).

Amanda Webb - DWI Lawyer, knows how to demonstrate that field sobriety tests are flimsy excuses for arrests. If you are facing DWI charges in Harris County, Montgomery County, Waller County, The Woodlands, or the greater Houston area, contact our Conroe-based criminal defense law firm. Whether you took a field sobriety test or not, our Texas DWI attorneys can help.

What you need to know about the field sobriety tests

Since field sobriety tests remain a tactic for Texas police departments, it's important to understand them. Here's what you need to know.

  • In Texas, taking a field sobriety test is voluntary. No matter what an officer tells you, in Texas, participating in a field sobriety test is optional. If you are pulled over by an officer for DWI or any other reason, you do not have to take the field sobriety test. Unlike chemical tests, there is no license suspension or other consequence for refusing a field sobriety test.
  • There are several types of tests. The standardized field sobriety tests (SFST) have specific challenges and guidelines for administration, while the non-standardized ones do not. The SFST tests include the horizontal gaze nystagmus, the one-leg stand, and the walk-and-turn.
  • Other factors can affect these tests. People who are tired, have physical disabilities or mental health disorders, have height and weight differences, or are in a heightened emotional state may "fail" the field sobriety tests even though they are not intoxicated. The anxiety of the traffic stop itself is also a factor in the field sobriety tests.
  • It's just an opinion. Field sobriety test results come down to the opinion of a single officer. Their interpretation of your reactions and behavior is not a fact.
  • A "failed" field sobriety test does not mean you will be found guilty.

Can I be arrested for not taking a Texas field sobriety test?

Again, field sobriety tests are optional in Texas. You can politely decline to participate. Refusing the test also doesn't give the officer probable cause to arrest you. That said, you can still be arrested if the officer has some other evidence that establishes probable cause to suspect DWI, such as smelling alcohol on your breath — but that would be the case regardless of the field sobriety test.

There are only a few things you have to do at a traffic stop: show the officer your license and registration, give your name and address, and exit the vehicle if you are instructed to do so. That's it.

Relentless DWI criminal defense in Texas

Again, just because you "failed" a field sobriety test doesn't mean you will be convicted of DWI. The Texas DWI attorneys at our law firm know how to attack field sobriety test results through in-depth investigations, aggressive negotiation, and sharp litigation.

If you have been charged with a DWI in Conroe or the surrounding area, you need to protect your freedom. Our law firm focuses on DWI cases. We offer free case consultations to people facing intoxicated driving charges.

A member of our team is available to hear from you anytime, day or night. Contact Amanda Webb - DWI Attorney, to schedule your free case consultation today.

What Is Considered a High BAC for a Texas DWI?

a Texas police officer has suspicions that a man is driving under the influence of alcohol. In Texas, a high BAC can result in harsh penalties.

Texas has enhanced penalties for DWI with high BAC.

Being convicted of a DWI in Texas is bad, but being convicted of a DWI with a BAC over 0.15% is much worse. That's because Texas has "enhanced penalties" for driving with an allegedly high BAC.

What is considered a high BAC here (0.15%) is almost twice the standard legal limit for driving - 0.08% BAC. Therefore, the penalties are more severe for high BAC DWI (driving while intoxicated, aka driving under the influence or DUI). A typical 1st time DWI is a Class B misdemeanor. However, the charges are upgraded to a Class A misdemeanor if the driver allegedly had a BAC of 0.15% or higher.

Your freedom is on the line when you have been charged with a DWI in Texas. Not only will you have to complete a harsh sentence if you are convicted, but your criminal record will likely hamper future opportunities. DWI convictions pop up in background checks and can ruin your chances of obtaining some professional licenses, jobs, housing, education, and loans.

Amanda Webb - DWI Lawyer, stands up for people charged with DWI in Montgomery County and nearby communities. With a practice dedicated to fighting all types of Texas DWI charges, Attorney Webb knows how to tear down seemingly strong cases for prosecution. If you have been charged with a high BAC DWI or another type of DWI, contact us today for a free case evaluation to learn about your criminal defense options.

Texas penalties for high BAC DWI

Penalties for driving with an alleged BAC of 0.15% or greater are increased. If convicted of high BAC DWI in Texas, your penalties may include the following:

  • Up to a $4,000 fine.
  • At least 3 days in jail with the potential for up to 12 months in jail.
  • Up to 2 years of driver's license suspension.
  • A State Traffic Fine of $6,000 on top of other fines and court costs.
  • Up to 200 hours of community service.
  • Attend a DWI Education class along with a VIP class (Victim Impact Panel).
  • Installation of a deep-lung device or ignition interlock device on your vehicle(s), the cost of which is paid for by you.

Charges are not convictions.

A high BAC DWI charge may feel like the end, but our law firm can fight for your freedom. Being charged does not mean that you are guilty. So, don't give up hope. Remember:

  • Police make mistakes.
  • Breathalyzer tests are often faulty.
  • We can help you get a hearing and apply for a hardship driver's license.
  • Illegally obtained "evidence" gets thrown out.
  • Cases can be dismissed.
  • Charges can be reduced or dropped.

One of the biggest mistakes made by people charged with DWI in Texas is pleading guilty immediately, hoping for leniency. Another big mistake is thinking they can handle this challenging situation alone. When your freedom and future are on the line, experience matters.

Attorney Amanda Webb is a former Montgomery County assistant district attorney. She uses her inside knowledge of how the local criminal justice system works to help people accused of crimes get the best possible outcome in their case.

If you have been charged with DWI in Montgomery County or the surrounding area, find out how an experienced DWI defense attorney can help you. A member of our team is available to hear from you 24 hours a day, 7 days a week.

Can You Get Deferred Adjudication for DWI in Texas?

Texas DWI attorney

What is deferred adjudication?

It is always a good idea to fight DWI charges. However, when a DWI conviction is all but unavoidable, the right outcome for the defendant may be a deferred adjudication. With this type of resolution, you can avoid having a DWI show up on most public background checks and escape collateral penalties like difficulty getting work, housing, and loans, for example.

For those who qualify, a deferred adjudication may be granted in exchange for a guilty or no contest plea to a DWI (driving while intoxicated) charge. In this case, a judge will, more or less, not accept your plea. They will defer further proceedings on your case without entering an adjudication of guilt. You will then, most likely, be required to fulfill a period of community supervision similar to probation.

Conditions of a deferred adjudication typically require you to successfully complete the orders of your supervision and pay all court costs. Upon successful completion of deferred adjudication, you can seal your record from the public with a petition for non-disclosure (PND). The record will still exist and can still be accessed by law enforcement and state agencies for the purpose of enhancing future DWI arrests, but it's not otherwise accessible to the public.

Amanda Webb - DWI Lawyer has more than a decade of experience defending those charged with driving while intoxicated in Montgomery County and the surrounding area - Harris County, The Woodlands, Waller County, Houston, etc. She knows what it takes to successfully petition for DWI deferred adjudications. If you have been charged, or suspect a DWI or DUI is forthcoming, contact us for a free case consultation.

Do you qualify for a DWI deferred adjudication?

Not all cases qualify for deferred adjudication. So, those requesting one must request a court date. Among those facing intoxication charges, people facing their first DWI are the most likely to be eligible.

However, you may be disqualified if your charge is for a violent crime like intoxicated assault. You may also be disqualified if you were granted a deferred sentence within the last 5 years, or you have been convicted of sexual assault, human trafficking in a child safety zone, or indecency with a child, among other violent crimes.

Deferred adjudication for first-time DWI is a fairly new opportunity in Texas. A 2019 law expanded eligibility. As courts adjust to the new terms, it's important to have an experienced DWI defense lawyer on your side who understands how past laws influence current ones. They can determine whether a deferred adjudication is a good option for you, petition the court on your behalf, and fight for your fair treatment by the justice system.

DWI deferred adjudication conditions

In Montgomery County, once you have made your plea and paid your court costs, your adjudication will typically be deferred for 90 days. During that time, you cannot be convicted for any other violations. If you are under age 25, you must also complete an approved driving safety course and return proof of completion to the court.

Usually, conditions of a DWI deferred adjudication include:

  • Random drug screenings.
  • Alcohol and substance abuse recovery classes.
  • Having an ignition interlock device (IID) installed on your vehicle.
  • Community service.

What happens after deferred adjudication supervision?

A judge will determine whether you satisfactorily met the terms of your deferred adjudication conditions. If they agree you have completed the conditions, the judge will dismiss the case without a conviction. You can then petition for an order of nondisclosure (OND) to have the original proceedings of your DWI sealed. If you get this OND, details of your DWI arrest and court hearings will be removed from public view. The incident would still be available to law enforcement and state agencies and may be used to enhance future DWI arrests.

However, if the judge says that you failed to fulfill the orders, you could be found guilty and a conviction would be reported to the Texas Department of Public Safety. You would likely have to wait longer to apply for expungement — if you qualify at all — and suffer the collateral penalties associated with a DWI conviction, such as professional license and work restrictions, difficulty gaining housing and loans, etc.

Get a DWI lawyer who fights to win

A DWI on your record comes with many consequences in addition to the initial penalties. When your freedom and future are on the line, the knowledge and skill of an experienced DWI lawyer are critical to your success.

Attorney Amanda Webb is a former Montgomery County assistant district attorney with more than 10 years of trial experience and a passion for helping those in need. She has an insider's understanding of how the local courts work and what it takes to win here. If you are facing a DWI charge, schedule a free case consultation to learn about your options, if you are eligible for deferred adjudication, and how our law firm can help you.

A member of our team is available to hear from you right now. Contact us today.