The holidays are more than a time for celebration. It's also a time when law enforcement agencies across the state increase their presence on the roads, specifically targeting drivers who may be under the influence. If you're a Texas driver, it's crucial to be aware of your rights and to have a plan in place in case you find yourself in a difficult situation. Being prepared isn't about planning to drink and drive; it's about being ready to vigorously and strategically defend yourself if the need arises.
Understanding Increased Law Enforcement Efforts
During holiday seasons like Thanksgiving, Christmas, and New Year’s, police departments often launch "No Refusal" weekends and set up sobriety checkpoints (within legal limits). These initiatives are designed to expedite the process of obtaining search warrants for blood draws from drivers who refuse a breathalyzer test. The goal is to gather undeniable evidence of intoxication. While these efforts are legal, they can also lead to mistakes and procedural errors that could be used in your defense.
Your Rights During a Traffic Stop
If you are pulled over, it's important to remember your rights. You have the right to remain silent. You are not required to answer questions about where you are coming from, where you are going, or what you have been doing. You are also not legally obligated to perform field sobriety tests (FSTs) or a voluntary roadside breathalyzer. However, refusing these tests may lead to an officer suspecting you're intoxicated, which could lead to an arrest.
If you are arrested, it's important to understand the consequences of refusing a breath or blood test. Under Texas's implied consent law, refusing a chemical test after a lawful arrest for DWI can result in an automatic suspension of your driver's license, even if you are not ultimately convicted of DWI. This is a separate administrative action from your criminal case.
The Importance of a Strategic Defense
If you are charged with a DWI, the clock starts ticking immediately. The first 15 days after your arrest are critical, as you must request a hearing to challenge the automatic suspension of your driver's license. This is known as an Administrative License Revocation (ALR) hearing. This is just one of many strategic steps that a vigorous defense will take.
A skilled attorney will immediately begin investigating your case, looking for any weaknesses in the prosecution's evidence. This includes reviewing the initial traffic stop for procedural violations, scrutinizing the results of any chemical tests, and challenging the administration of field sobriety tests. A personalized defense strategy is key to protecting your future.
Talk to a Round Rock DWI Lawyer
At Pennington Law PLLC, we understand that a DWI charge in Texas can be one of the most stressful experiences of your life. Our team provides vigorous and strategic defense, treating every client with the personalized attention they deserve. We are committed to protecting your rights, challenging the evidence against you, and fighting for the best possible outcome. Don’t wait until it’s too late to get the experienced legal representation you need.
Contact Pennington Law PLLC for a consultation and put our strategic approach to work for you.