What can I do if the police stop me and I’m drunk?
The easiest and fastest answer is: Identify yourself correctly, cooperate with the officer and KEEP SILENT. Everything you say or do can be used against you.
You have the right to refuse to take any breath, blood, or physical test ordered by the officer.
As we already know, driving under the influence of alcohol or other drugs that may inhibit your ability to operate a vehicle is a crime. In the state of Texas, a DWI (Driving While Intoxicated) or a DUI (Driving Under the Influence) can be classified as a misdemeanor or felony.
Being classified as a misdemeanor, this can be considered class B or class A. And this will depend on certain factors, including the level of alcohol in the blood or if you have had any DWI in the past. These in turn carry a maximum penalty of up to:
- Blood alcohol level> .08 and <.15.
- 6 months in jail and/or up to $2,000 fine.
- Blood alcohol level> 15 or second DWI.
- 1 year in jail and/or up to $4,000 fine.
Similarly, if you were accompanied by a minor, it is your 3rd DWI or more, or you have caused an accident, this crime may be classified as a Felony. Which carries possible more severe sentences.
It is important to know that an arrest DOES NOT MEAN YOU ARE ALREADY GUILTY. That is why these cases must be left in the hands of someone who has the experience and resources to defend these types of cases.
There are many possible defenses and strategies to defend your case and ensure that your freedom and record are not affected. In the event of an arrest, call us today for a free consultation at 855-900-3429.
What are some defenses for a DWI?
When it comes to a DWI, it doesn’t matter if you’re your first or you’ve been through something similar in the past, the process can be confusing and overwhelming. As in any criminal proceeding, the prosecution has the obligation to demonstrate beyond a reasonable doubt that the accused is guilty of the charges against him; in this case, operates a vehicle in a state of intoxication.
This burden of proof plays a very important role in DWI or DUI cases since the prosecution has to prove that the defendant was intoxicated at the time of the arrest. In the state of Texas, the legal limit for persons over 21 years of age is .08% BAC or Blood Alcohol Content. This means that as long as you are under the limit, you will not be considered intoxicated under the law.
The problem with this is that once the police detain a person and the officer have probable cause to arrest the individual, that is if under the officer’s discretion it is possible that the individual is intoxicated; the officer may execute an arrest. Once under arrest, a blood test will be obtained to check the level of alcohol in the blood and this result can take months.
During the process, your attorney may be able to dismiss the evidence due to inconsistencies or errors on the part of the officers or the prosecution. After all, officers are human too, and mistakes are common.
That is why it is always advisable to speak with a criminal attorney immediately after arrest to discuss his options and the best strategy to combat a DWI arrest.