The first thing an individual should know is that if he is stopped for drunk driving, he is in the wrong no matter what, and there will be consequences. Considering this, it can be said that the first rule of drunk driving is “don’t do it.” And if there is one place that takes drunk driving very seriously, it’s Texas.
In recent years, Texas has passed California as the state with the most fatalities and accidents due to drunk driving. In 2008, out of 3,382 automobile fatalities, a total of 1,463 were alcohol-related, which is a whopping 43%. Almost as disturbing, a recent study found that drunk drivers are less likely to die in an accident with another car than the driver of the second automobile. This is because the sober driver is more likely to swerve off the road to avoid the accident, which means that driving drunk can be interpreted as a primarily aggressive and offensive act. However, all of that said, there are acceptable levels of blood alcohol levels, and even if you do make the mistake of driving drunk, you should know what to expect and how to minimize the consequences.
Mike Howard is a criminal defense attorney based out of Dallas, TX, and according to him, the first thing you need to know is that Texas can have very strict drunk driving laws and very good technology to back it up. “Because we lead the nation in drunk driving fatalities, they have employed very advanced technology to catch drunk drivers and convict them.”
One example he brings up is a camera that is mounted on the police vehicle’s dashboard. When an officer spots a car driving abnormally, he can switch on the camera, which then stores 30 seconds of footage from before the camera was turned on. This means that the camera is constantly recording in case something occurs before the officers have the time to switch it on.
“At that point,” Howard says, “once your demeanor and behavior is caught on camera, it’s a matter of presenting it to a jury so they can judge whether you appear intoxicated.”
Once a suspected driver is stopped by the police, he can expect the usual onslaught of tests. “They will try to give you a breathalyzer, and if they need to, they’ll ask you to step out of the car and make you walk a straight line or stand on one leg and count to 30,” explains Howard.
If found drunk, the driver will then be brought into the county jail for no less than 72 hours. His license will be suspended and there will be several thousand dollars’ worth of fines.
But there is an alternative, Howard says. “If you are stropped for drunk driving, and you have reason to suspect you would fail the test, I recommend that clients stay in their car and politely refuse to take a breathalyzer.”
What will then happen is that the driver will be brought into the local jail, but often, by the time the officers get around to processing, the driver is no longer drunk. Additionally, they will suspend your license for around 6 months, as opposed to 3 months if you had cooperated; but what you will avoid is the thousands of dollars in fines and legal fees. Plus, you can’t be convicted of drunk driving since by staying in the car, there is no video evidence that you were drunk. And even with your license suspended, you are allowed to apply for an occupational drivers license. This will allow you to get to and from work, pick up the kids, and generally go about your regular routine. It might be limited to certain hours and areas, but it’s better than nothing.
Ultimately, the biggest consequence to drunk driving is that it reinforces irresponsible behavior that can become a deadly habit. So keep the roads safe and your conscience clear.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.