With the holiday season approaching, it is important to be aware of the extra scrutiny on drivers as Houston police officers step up DWI enforcement efforts.
More Houston residents are typically arrested for DWI between Thanksgiving and New Year’s. Police officers will be carefully scrutinizing driver behavior for signs of drunk driving, such as weaving, speeding, driving too slowly or making sharp turns. These signs provide officers with reasonable suspicion to pull a driver over.
Field sobriety checkpoints
Aside from the increased chance of being pulled over for DWI, you could come upon a field sobriety checkpoint. You cannot turn around to avoid a field sobriety checkpoint once you are at it if avoiding it would require you to engage in illegal driving behavior, such as making a U-turn.
However, there are typically notifications posted announcing the location of an upcoming field sobriety checkpoint. You can avoid the checkpoint if there is a legal way around it.
If you cannot avoid a field sobriety checkpoint, you will generally need to participate in field sobriety tests. These include activities such as following an object with your eyes (while not moving your head), walking heel-to-toe for nine steps at a time or standing on one foot.
There are many ways to attack the validity of failed field sobriety tests. For example, sober people can fail the tests because they are nervous. Certain medical conditions can result in a failed test.
No refusal weekends
Additionally, Texas often has “no refusal weekends” on weekends that there are expected to be more drunk drivers on the roads. These often include weekends around Thanksgiving, Christmas and New Year’s.
On a “no refusal” weekend, in addition to an increased police presence on the roads, prosecutors and judges are often on standby for drivers to refuse chemical tests at a DWI stop. The purpose is so police can obtain a warrant for a blood test quicker, ensuring more accurate results.
Remember that you have rights at a DWI stop. Even when the initial stop is valid, you have the right to remain silent and refuse field sobriety tests. These refusals cannot be used against you if your case goes to trial. You also have the right to request an attorney.
Although you have the right to refuse chemical tests, such as a blood or breath tests, there are legal consequences for doing so.
Your driver’s license is typically suspended, with the length of the suspension potentially increasing if you continue to refuse the tests after the police secure a warrant. A refusal to submit to chemical tests also means an immediate arrest.
If you are at a DWI stop and worried that you may fail one of these tests, it is best to ask for any attorney before deciding what to do next.
Remember your rights
Chances are, you will do some drinking this holiday season. The best way to avoid a DWI charge is to not drive drunk. But if you find yourself driving home after a couple drinks at a holiday party and pulled over for DWI, remember to assert your rights.
