Resisting Arrest After a Texas DWI Stop is a Bad Idea

Posted by Doug Murphy | Apr 12, 2021 | 0 Comments

Facing an arrest for a DWI can be one of the lowest points in your life. It's scary, stressful, and being arrested doesn't bring out the best in people. Moreover, if someone is under the influence of alcohol, they may act aggressively at a time when they normally wouldn't. Nonetheless, a recent case in Washington County demonstrates why it's never a good idea to resist or become combative with police after a DWI arrest.

Brenham DWI Arrest

A Brenham man faces two felony charges of assault on a public officer after an incident at the Washington County jail following his DWI arrest. Police arrested the man on February 6, 2021, in Brenham for multiple active warrants, including DWI, DWI (second), assault causing bodily injury to a family member, theft, and unlawful restraint.

Police took him to the Washington County Jail, where he became uncooperative and combative during booking, beating two detention staff. One staff member suffered a broken ankle and facial injuries, and the other had back and leg injuries and a pinched nerve. Both jail employees required hospital treatment. Now the man faces two additional felony charges and remains in the Washington County jail on a $157,500 bond.

What to Do During DWI Arrest

If you're facing an arrest for a DWI, it's best to remain calm and cooperative. Even if you strongly disagree that you are impaired, arguing will get you nowhere and will only make the evidence and argument that you are impaired appear that much stronger. Here's what you should do during a DWI stop or arrest to protect your rights and stay safe:

  • Be Respectful: You should be polite and cooperative, but you don't have to answer police questions.
  • Don't be Combative: Stay calm and remember that the police are watching your responses to questions and instructions,
  • Don't Give Permission: While you should always be polite, don't give the police permission to search you or your vehicle.
  • Think Before Speaking: Think before you respond to any police questions and keep it short and concise. Don't talk too much.
  • Don't Trust the Police: In a DWI stop, the police are not on your side, and they aren't your friends. While they may be friendly and outgoing to get you to talk, they collect information that may lead to an arrest.

If you fail to cooperate or become uncooperative during a DWI stop, police are more likely to arrest you for DWI and more likely to charge you with additional crimes. Don't let them make you angry. Assault on a police officer can be a felony offense far more serious than a first or second DWI.

You Need an Expert in Texas DWI Defense

If you're facing a DWI charge or a DWI in addition to other crimes, you need an expert in DWI defense. Attorney Doug Murphy is a Board Certified expert in both DWI defense and criminal law. His dual expertise ensures that he can handle the most complex DWI cases, even those involving additional criminal charges. Call the Doug Murphy Law Firm at 713-229-8333 today to set up a consultation.

About the Author

Doug Murphy

Doug Murphy is one of only two Texas lawyers Board Certified in Criminal Law by the Texas Board of Legal Specialization, and also in DWI Defense by the National College for DUI Defense, accredited by the American Bar Association and the Texas Board of Legal Specialization.


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