The Texas coast is a spring break hot spot! With warmer temperatures, beautiful beaches, and lots of fun, college kids from across the country head our way every March. But with college students heading to the area, police say they intend to be prepared. Corpus Christi police announced that they will have extra patrol units, traffic units, and DWI units looking for drunk drivers. The Nueces County District Attorney's Office also plans to have phlebotomists on hand to draw blood from suspected drunk drivers. In Laredo, police announced they'll be targeting drunk drivers as well. Officers will work overtime to target drunk drives with a grant funded by the Texas Department of Transportation.
According to the Houston Chronicle, a Laredo Police Department statement urged drivers to “[…] take responsibility for your actions. Plan while you can. Drink. Drive. Go to Jail.” While we can all agree that driving while intoxicated is a bad idea, police in Texas don't have to know that a driver is drunk to pull them over. If you have a college kid heading out on Spring break, it's good to know how you can help your child if the police arrest them for a DWI in Texas.
Pulling You Over
Police officers can't just pull you over for the heck of it; they do need a reason. Police only need reasonable suspicion that you've committed a crime to pull you over. This reasonable suspicion can come from running a stop sign, rolling through a red light, failing to signal before turning, or driving over or under the speed limit.
During the stop, police will determine, based on your interactions, whether to ask you to submit to a field sobriety test. Based on these subjective field sobriety tests, the police may determine that they have probable cause to support an arrest for suspicion of DWI. The police may also ask you to submit to a BAC test.
If the police impose a “no refusal” period, like over Spring Break, you don't have the right to refuse a BAC test. The police will call a judge to issue an instantaneous warrant for a blood test.
While Texas's legal blood alcohol limit is .08 percent, Texas police can still arrest you with a lower blood alcohol concentration (BAC). Under Texas law, you're intoxicated if:
- Your BAC is .08 or higher, or
- You don't have the normal use of your physical or mental faculties because of drugs or alcohol.
Whether you have the normal use of your faculties can be a subjective standard, and your lawyer may be able to attack that judgment call in court.
Hire an Experienced Texas DWI Attorney
If the police arrest your child for a DWI, you need e Texas attorney well versed in defending DWIs. It's important to remember that your child is innocent until proven guilty. But a DWI can be a serious matter, and the best way to mount an effective defense is to hire a DWI expert right away.
Attorney Doug Murphy is Board Certified in both DWI defense and criminal law and is one of only two attorneys in Texas to hold both these certifications. Doug's Board Certification in DUI Defense is from the National College of DUI Defense (NCDD), accredited by the American Bar Association and the Texas Board of Legal Specialization, and his Board Certification in Criminal Law comes from the Texas Board of Legal Specialization.
Best Lawyers in America named Doug the “Lawyer of the Year” for Houston-area DWI defense for 2021. Moreover, local media call him “the drinking driver's best friend.” Spring break can be a blast, but you don't want it to ruin your child's life and reputation. Call the Doug Murphy Law Firm at 713-229-8333 today to set up a consultation.