DWI - Impaired Driving in Texas
Having been a DWI task force officer and now DWI defense attorney, I am often asked about what to do if I’m stopped for Impaired Driving. While this is always a great ice breaker at a social event, the subject is important to discuss, especially if you drink socially. The following free information may prove to be valuable.
Should you Blow, the Truth about No Refusal in Texas
It’s always no refusal in Texas. This simply means the law gives the arresting agency the right to get a search warrant for a blood sample. I often hear people talk about no refusal weekends, but the truth is, every day in Texas is no refusal.
What you should know is refusing to give a sample will likely cause you to lose your license for 180 days. If you provide a sample and fail, you will likely lose your license for 90 days. Outside of this, your decision should be based on the arresting officer.
Preventing an Impaired Driving Arrest
My best advice for preventing an arrest for driving while intoxicated is always the same. GET A RIDE! If for whatever reason it is too late for this advice, I offer the following:
First know who you are dealing with. While every police officer in the state can arrest you for Impaired Driving, not all will, and some agencies make more careless mistakes than others. Those mistakes often lead to a dismissal of your case.
If a dismissal isn’t granted, these mistakes will give your attorney the ammunition he or she needs to beat your case.
Who can Arrest you for Impaired Driving in Texas?
DPS: Department of Public Safety, the State Troopers
If you are stopped for impaired driving by a state trooper, know that he is well trained and he will not make many mistakes. If you find yourself in this situation, and you know you are intoxicated, know that you are going to jail.
While DPS does arrest for any crime listed in the penal code, DWI seems to be their favorite. The trooper will complete all paperwork correctly, and they will get a sample. DPS agents are Bulldogs about DWI for a reason.
A person in Texas dies every nine hours and six minutes in a DUI-alcohol-related traffic crash. Last year, 963 people in Texas were killed and 2,114 seriously injured because someone chose to get behind the wheel while impaired.
Texas Department of Transportation
HPD: Huston Police Department, the PoPo
If you are stopped by the Houston Police department there is no telling what will happen. Depending on the officer, you might get a ticket, you might get released with just a warning, you could get towed home by a wrecker, or You Could Get Arrested.
If you are stopped by a DWI task force officer for impaired Driving, you will get arrested. The officer will likely not be as proficient as a state trooper, but he will still make very few mistakes.
If you are pulled over by one police officer but another officer shows up to give you tests, there is a good chance he is a task force officer. Every officer in the Houston Police department has been trained to complete a DWI arrest, but some are less proficient than others.
Anyone else: All the Other Agencies
If you are arrested by any other agency for Impaired Driving, mistakes are common as the officers are not as well trained. Many smaller agencies will have what they call a task force but even those officers will give your attorney plenty of opportunities to beat your case. If you find yourself dealing with one of these officers, make them work for everything.
Very often, the smaller agencies won’t even bother getting a sample if you refuse. This is often a fatal mistake as many prosecutors are more willing to dismiss a DWI if there is no sample. This of course will only apply if the police video doesn’t make it obvious that you were intoxicated.
If you ever find yourself facing a DWI impaired driving arrest, remain calm and quiet, and get a lawyer who specializes in DWI defense. Call Ken Troost the DWI Xpert at (281) 519-4529
Ken worked ten years as a Houston Police Officer spending time as a DWI Task force officer, and winning police officer of the year in 2012. Ken began his Legal career working at one of Houston’s Premier Criminal Defense firms. Ken is the founder and principal partner for Troost Law Firm and our resident expert in DUI/DWI litigation.