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Avoid DWI Charges This Holiday Season

Posted in Texas Law on December 2, 2020

Traditionally, drinking and driving arrests increase around the holiday season. Don’t let a DWI ruin your holidays. Avoid driving if you’ve been drinking. However, if you do receive a DWI in Houston, contact Mary Conn Law to defend your case.

 

What is a DWI in Houston?

 

Like most states in the country, Texas upholds strict DWI laws. DWI stands for Driving While Intoxicated. The Texas Penal Code defines a DWI offense as operating a motor vehicle in a public place while intoxicated.

 

For a first offense, the charge is a Class B misdemeanor. If convicted, the penalty is up to 180 days in jail and a fine of up to $2000. After the first offense, DWI charges become even more serious. Depending on the specifics of the crime, the penalties can become extremely serious. For example, if someone dies in an accident involving a DWI, the charge is a felony with a penalty of up to 20 years in prison. DWI’s in Texas need a strong defense.

 

What is a No-Refusal Weekend?

 

Texas law is tough on DWI offenders. Texas law enforcement demonstrates this toughness with no-refusal weekends, which frequently occur on or around holidays. Typically, the law applies implied consent, which implies you consent to a blood alcohol test by operating a motor vehicle. If you refuse, then you risk losing your driving privileges for up to 180 days.

 

Under Texas law, if you refuse a blood alcohol test, the officer must obtain a search warrant by appearing in front of a judge with probable cause evidence. However, on no-refusal weekends the officer can submit an electronic request from the scene which the court can then approve electronically. This cuts down on the likelihood that the offender’s blood alcohol level would normalize before their blood draw.

 

The constitutionality of no-refusal weekends continues to face challenges in court. If you receive a DWI charge through the no-refusal process, seek legal counsel to protect your rights.

 

Tips to Avoid Drinking and Driving During the Holidays

 

The risk of a DWI goes up during the holiday season. Your best bet is to avoid driving if you plan to drink. Even a small amount of alcohol changes your blood alcohol level.

 

If you drink, stay at home. If you drink away from home, assign a designated driver. If everyone in your party consumes alcohol, find another way home. Call for a ride or take public transportation. In the long run, the cost for a ride is much cheaper than a DWI conviction.

 

Seek Legal Counsel Immediately for DWI Charges

 

DWI charges may feel more straight forward than other offenses. Therefore, you may feel tempted to handle the charges without the help of a defense attorney. This is a mistake. Often, the evidence in DWI cases isn’t strong. With an experienced Houston DWI defense attorney on your side, it is possible to fight to get the charges dismissed or the penalty reduced.

 

At Mary Conn Law we’ve helped many clients successfully navigate DWI charges. Contact us immediately after your arrest for the best chance at a strong defense.

 

Stay safe and happy holidays!

 

 

 

 

 

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