What Should I Do if Stopped by Law Enforcement After Having a Drink in Austin, Texas?

Getting stopped by law enforcement after having a drink can be a nerve-wracking experience. Many people wonder what to do in this situation, especially with the severe consequences of a DWI charge in Texas. 

In this blog post, we will explain what constitutes a DWI in Texas, the potential penalties and legal options available, and the steps you should take if you are stopped after drinking in Austin, Texas. 

We will also discuss why having an experienced attorney matters. Whether you are looking to avoid severe penalties or simply want guidance through the legal process, we can help you navigate these challenging circumstances.

What Constitutes a DWI in Texas?

In Texas, you can be charged with DWI (Driving While Intoxicated) if you are caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, even if your BAC is below this limit, you can still be charged if law enforcement believes your driving ability is impaired. This BAC threshold applies to most drivers, but drivers under 21 are subject to a zero-tolerance policy, meaning any detectable amount of alcohol could lead to a DWI charge. 

Is Jail Time Mandatory for a DWI Conviction?

For a first-time DWI offense, Texas laws do not always mandate jail time, but it is a possibility. This is especially true if aggravating factors were involved, such as a high BAC or a child passenger.

Repeat offenders face stricter penalties, including mandatory jail time and longer sentences. Texas Penal Code § 49.04 outlines these penalties, which increase with each offense and depend on the specific details involved in the case.

The Penalties for a DWI Conviction in Texas

The penalties for a DWI conviction in Texas vary based on factors like your prior convictions, BAC level, and whether you caused an accident or injury to someone. Here is a general overview of the penalties you might face with a DWI conviction in Austin:

1. First Offense: A first DWI conviction can lead to fines of up to $2,000, a license suspension lasting up to a year, and the possibility of up to 180 days in jail.
2. Second Offense: For a second DWI, the fines can go up to $4,000, jail time may range from a month to a year, and a license suspension of up to two years.
3. Third Offense: For a third offense, the fines can reach $10,000, and you may face two to ten years in prison plus a two-year license suspension.

If you are a repeat offender, the law may also require you to install an ignition interlock device on your vehicle. This device will prevent you from starting the vehicle if alcohol is detected on your breath, ensuring you stay within the law and cannot drive while impaired.

What Are the Other Requirements for a DWI Conviction in Texas?

Beyond the potential jail time, a DWI conviction can lead to other penalties that affect various aspects of your life. Here is a quick rundown:

• Driving School: You may need to attend mandatory driving school, especially if it is a part of the terms of your probation.
• A suspended License: A DWI conviction almost always includes a suspended driver’s license, typically lasting from 90 days to a year for a first offense. Repeat offenses carry longer suspensions.

These legal requirements mean that even a first-time DWI can lead to restrictions that may severely impact your daily life.

Here’s What You Should Do if Stopped After Drinking in Austin

Getting pulled over after you have been drinking can be very scary. However, how you handle the situation can make a big difference in the outcome. Here is what you should do:

1. Remain Calm: It is natural to feel anxious, but it is essential to stay calm. Take deep breaths, keep your hands visible, and be polite with the officer.
2. Remain Silent: You have the right to remain silent. If the officer asks you if you have been drinking, you do not have to answer. You can politely decline by saying, “I prefer not to answer.” This can prevent you from potentially incriminating yourself.

Can I Refuse a Field Sobriety Test? 

Yes, under Texas law, you can refuse to participate in field sobriety tests, like the walk-and-turn or one-leg stand tests. These tests are highly subjective, and refusing them could be in your best interest, especially if you have had any alcohol. You may politely decline by saying, “I’d prefer not to take these tests.”

When Can You Be Stopped Under Suspicion of DWI in Texas? 

Under federal law, an officer may stop and briefly detain you if they have a reasonable suspicion of criminal activity, like drinking and driving drunk. However, this does not grant them the right to conduct a full search without probable cause. 

The officer can only conduct a brief search if they reasonably believe you are armed and dangerous. This standard also applies in Texas, where the courts have upheld similar principles.

But while you have rights, it is still important to cooperate if the police stop you. Refusing to comply with basic requests, like showing your license, can escalate the situation. 

Also, remember that police officers often wear body cameras. This means your behavior and statements may be recorded. Keep this in mind, as your words and actions can be used as evidence against you in court.

How Can an Austin DWI Charge Be Resolved?

Being charged with a DWI in Texas is a serious matter, but it is not the end of the world. An experienced attorney can often help defend the charges and mitigate the potential consequences. 

Here are some possible outcomes you may be able to achieve with the help of a skilled DWI attorney in Austin:

• Reduced Charges: Sometimes, a skilled attorney can negotiate with the prosecution to reduce a DWI charge to a lesser offense, such as reckless driving. This outcome will often depend on factors like your BAC level, prior criminal record, and the details involved in your case.
• Dismissed Charges: In certain situations, your attorney may be able to get the charges dismissed entirely. This could happen if there is insufficient evidence or the officer made certain procedural errors, such as lacking probable cause for the stop.

After being charged with a DWI, contacting an experienced DWI attorney should be your top priority. We understand the complexities of DWI cases in Austin and know how to build a solid defense strategy tailored to your situation. 

Whether you are facing your first offense or a more serious charge, our team is committed to protecting your rights and helping you achieve the best possible outcome.  Feel free to schedule a free consultation today and we’ll help you take the first step toward resolving your DWI case with confidence.