Under Suspicion For DWI in Houston?
On numerous occasions people are stopped by the Houston Police Department or by a law enforcement agency in Galveston County or Harris County for suspicion of driving while under the influence of drugs or alcohol (DWI) on Texas roadways. When this occurs, an arrest is almost certain.
If you or a loved one are ever stopped by law enforcement officers for suspicion of DWI or DUI, there are a number of rights you have as a driver amongst a number of other rights all Americans enjoy as a result of the Constitution of the United States.
The First Experience With a DWI Charge
If you’re dealing with your first arrest for a DWI related criminal offense in the state of Texas as result of an arrest in Galveston, League City or Houston, there’s a strong chance that you’re looking at nothing more than a misdemeanor criminal offense in most instances.
Although that 1st DWI is a misdemeanor criminal offense, you’ll have to deal with the reality of your Texas Drivers’ License being suspended for a minimum of six months and therein lies a huge problem. If you’re convicted of a felony DWI, the stakes are even higher.
If you’re caught by law enforcement driving a vehicle for any reason while your Texas Drivers License is suspended, under Texas law this a misdemeanor offense that’s punishable by immediate jail time.
According to Houston DWI Attorney Tad Nelson, most of the clients that seek the legal services and representation of his Houston, Harris County, League City, (Galveston County) and Galveston, TX based DWI law firm, describe being arrested for a “Driving While Intoxicated or Driving Under The Influence” as an experience that is scary, frustrating, humiliating, and expensive to say the least.
Houston – DWI For Drug Impairment
There are a number of cases involving Houston, Texas DWI arrests that don’t involve alcoholic intoxicants, but are rather related to motorists driving while intoxicated on other drugs.
When intoxicated, it’s best to not drive or be in public.
Some of the drugs people are arrested for being under the influence of – are not necessarily illegal, but can be prescription drugs that, I guess, are illegal if you aren’t supposed to use or ingest them prior to operating a motor vehicle, which is often the case during most DWI arrests in League City and other municipalities in Galveston County.
Some toxic chemicals, over the counter drugs, and prescription drugs, specifically state not to use or ingest them if you intend to operate machinery or a motor vehicle some time after using the drug or chemical substance. In many cases people overlook the “pill bottle” warnings and end up causing a dangerous car accident, or being stopped by police and jailed for a “Driving Under The Influence” criminal offense, or both.
Common Mistakes Made During DWI Cases
- Too often, people wait too long to hire the best criminal law attorney they can to represent them on their Harris County DWI charges. This can make matters difficult for the Houston DWI defense lawyer, and easier for the prosecution on the case. If you’ve been criminally charged for a driving while intoxicated crime, don’t waste time, hire a lawyer to represent you in the court of law as soon as possible.
- Sometimes people will try to talk themselves out of an arrest during police encounters and during routine traffic stops. Don’t do this. Anything you say can and will likely be added to police reports and the Harris County District Attorney will likely try to use any and all information obtained against you during prosecution. Anything you say should always be vetted by your attorney. If you have not had a chance to talk with your attorney, don’t say anything to the police officers or anyone with the government.
- Never assume that the police or the government have a rock-solid case against you because often times they don’t. Any smart Houston criminal justice litigator will know this. This is why its imperative that you seek the legal representation of an experienced criminal case lawyer as soon as possible. Quickly retaining an attorney could make the difference between going to jail, being found guilty, or having the DWI case immediately dismissed.
- People who are stopped by police in Houston, TX often forget they have a number of rights that include no obligation to tell the police where you are coming from or your destination, and the right to refuse consent when the police ask to search your vehicle, person, and property. A lot of people don’t know they have the right to refuse to answer any questions related to whether or not they have been ingesting liquor or not, as well as the right to refuse the disclosure of medical conditions, the emptying of their clothes pockets, and the participation in any of those silly and embarrassing field sobriety tests the police like to put people through.
Rights of Law Enforcement
According to the law, there are a few requests that you must comply with if asked by police. You have to comply if the police ask for your name and current address, your vehicle registration, proof that you have car insurance, and proof that you have a legitimate license to operate a motor vehicle. Failure to comply with these request can result in you being ticketed or taken to a jail to be formally identified.
Hiring A DWI Lawyer to Represent You
Clearly, being arrested for a DWI can be a serious situation and there are even a few conditions, that if met, will warrant felony charges for DWI in Texas. There are a number of DWI attorneys in Harris County who are available to represent you if you are accused of driving while intoxicated in Houston. However, it’s important to note their experience level, their familiarity with the scientific aspect of the human body chemistry as it relates to alcohol ingestion, and their experience challenging the validity of results from the machines used to conduct blood and breath testing on people suspected of DWI.
Not drinking alcohol is one of the best ways to keep yourself clear of any chances of being criminally charged with “driving while intoxicated”. Unfortunately, for some adults this isn’t something that will be easy. It’s important to learn to exercise some restraint if this will be the method you use to cut down on the possibility of being arrested for “driving while intoxicated” in Houston.
Walking can also prevent a DWI offense in Galveston. If you like to drink alcohol on occasion, and you know of a bar or a club in your local vicinity, walk to the club and then you won’t have to take a chance at driving when you are in a situation that may put you in a situation to get drunk.
No one ever said the party had to stop. If you call a cab, or have a friend who doesn’t drink as a designated driver, this may be the solution you need. Just imagine, you can enjoy life, drink and party to your heart’s content, all without the worry of being arrested for driving while intoxicated, and enduring the pain and frustration of dealing with the criminal justice system in Texas.
This writing shouldn’t be taken as legal advice and was written for informational purposes. If you’ve been accused of a criminal offense related to alcohol, drugs, and driving, talk with a Houston, Galveston County, League City, or Houston DWI & DUI lawyer immediately.