Holiday DWI in Texas: How to Avoid It and What to Do if You're Arrested

No Gimmicks. Just Grit.
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While holidays bring about celebrations and parties, they can also bring an increased risk of a DWI arrest. In Texas, law enforcement is on high alert this season, with increased patrols and checkpoints focused on getting impaired drivers off the road. A DWI conviction can have serious, life-altering consequences, including fines, jail time, and the suspension of your driver's license. The good news is that with a little planning and awareness, you can easily avoid a holiday DWI and ensure your celebrations are memorable for all the right reasons.

Planning for a Sober Ride

The best way to avoid a DWI is to never get behind the wheel after drinking. This is a simple truth, but it requires proactive thinking. Before you head out to a holiday party or get-together, make a plan.

  • Designate a Driver: If you're going with a group, decide who will be the sober driver for the night. This person is responsible for everyone's safety, and it's a role to be taken seriously.

  • Use Rideshare Services: Apps like Uber and Lyft make it incredibly easy to get a safe ride home. Don't risk a DWI when a safe and reliable option is just a tap away.

  • Public Transportation: Many Texas cities have public transportation options that can get you where you need to go. Research bus, train, or light rail schedules in advance.

  • Stay the Night: If you are at a friend's house and you've had too much to drink, consider staying over. A little discomfort is nothing compared to the legal and financial trouble of a DWI.

The Dangers of "Just One Drink"

It's a common misconception that one or two drinks won't put you over the legal limit. In Texas, the legal limit for Blood Alcohol Concentration (BAC) is 0.08%. However, impairment can begin with the very first drink. Factors like your weight, gender, metabolism, and even what you've eaten can affect how quickly your BAC rises. Don't gamble with your future. If you've been drinking, even if you feel fine, do not drive.

What to Do If You're Pulled Over

If, despite your best efforts, you find yourself pulled over on suspicion of DWI, stay calm. Remember, you have rights.

  • Be Polite and Cooperative: Being respectful to the officer can help de-escalate the situation. However, you are not required to answer incriminating questions.

  • You Have the Right to Remain Silent: Politely decline to answer questions about where you were, where you are going, or what you have had to drink.

  • Field Sobriety Tests: You can politely decline to perform roadside field sobriety tests. While an officer may arrest you for a refusal, refusing these tests is a legal right.

  • Blood or Breath Test: In Texas, you can be arrested for refusing a breath or blood test, and your driver's license can be automatically suspended for a longer period. However, a refusal may make it more difficult for the prosecution to prove your guilt.

The choices you make during a traffic stop can have a significant impact on your case. The best action is to contact an experienced legal professional immediately.

Talk to Our Georgetown DWI Lawyer

The holiday season should be filled with joy, not legal stress. Stay safe, make smart choices, and always have a plan. But if you or a loved one is facing a DWI charge in Texas, you don't have to face it alone.

The Law Office of Todd Nickle can help you protect your rights. We serve Georgetown, Pflugerville, Leander, Cedar Park, Round Rock, and the surrounding areas, helping Texans protect their future and freedom. As a Texas Board Certified Criminal Law Specialist, we're ready to fight for you in your criminal case, including DWI. 

Don't wait to get help. Contact us at (737) 215-3408 for a consultation.