Driving home after a party, get together, dinner, or date can be a bad idea if you have been consuming alcoholic beverages. It is hard to make an informed decision sometimes. What if you think you are OK to drive but then you get behind the wheel only to see the flashing red and blues behind you? What do you do if you get pulled over after drinking?
Your heart is sinking as you see the cop approach the window, you know you have had some alcohol but was it too much? Do not panic. Be mindful that most police departments have video tape body cameras or microphones and are filming and recording every word you say and action you take. This is evidence that can be used in your trial.
Once you are requested to step out of your car to be “checked out to see if its ok for you to continue to drive”, the officer rarely will allow you to. The decision to perform the officer’s requested field sobriety tests and/or give a breath or blood sample to the officer is yours and yours alone. While a refusal can be used in a subsequent prosecution for driving while intoxicated, you now have to think about the evidence law enforcement is attempting to collect from you without a warrant. You are entitled to refuse all tests at the side of the road and invoke your constitutional right to refuse to voluntarily give your blood without a warrant. Think about it: Do you think an officer is going to allow someone he has never met, who has the appearance of having had a couple of drinks, who he has requested to exit their vehicle to investigate whether they have probable cause to arrest for DWI be allowed to drive off, possibly injuring someone?
This entire situation can be avoided if you use proper precautions when deciding to have a few drinks outside of your home. After dealing with your hangover you may want to speak with DWI lawyers to give you some tips on what you can do to avoid this in the future.
If you are choosing to have a few drinks consider these options before heading out. Getting a cab or uber home is much better than being arrested, losing your license for a period of time, injuring or worse , killing someone. If you are going out with a group on a regular basis you should consider taking turns as the designated driver. This way you have a friend you trust taking you home. Walking home can be a bit riskier as you can be quite vulnerable to predators while impaired. If you choose to walk home it is best to do it with a group of friends or phone someone to talk to you the whole walk so they can keep tabs on you in case anything happens. There are always safer ways to get home. A DWI lawyer can guide you through some other great steps to take to avoid getting a DWI charge.
If you find yourself risking it all to drive home and you know very well you are drunk you are choosing to create problems for yourself and others. You will need legal advice from a DWI lawyer if you get pulled over and you could lose your license for months or years. Resulting in the need for an occupational driver’s license. Even if arrested for DWI you are entitled to a hearing on the suspension of your driver’s license if you act quickly enough after arrest in seeking the advice of a DWI lawyer or DWI attorney. An attorney will give you all types of options to keep you from getting behind the wheel. Texas had over 3700 fatalities in 2016, a quarter of those deaths were involving a driver with a blood alcohol level over .15% nearly two times the legal limit. Don’t drive when impaired and stay alive.