When you think of something like “being arrested” or “being charged with a crime” what comes to mind? For most people, this means being handcuffed and taken away in the back of a police car. In reality, being arrested for a DWI is not as dramatic as it sounds. Many people are surprised to learn that a drunk driving charge is not a common outcome of being stopped by the police. In fact, most people who are arrested for drunk driving are not actually intoxicated at the time of their arrest; rather, they were caught driving drunk by a police officer who stopped them for another reason and found evidence of alcohol in the car to make the arrest. Because it is important to know what signs to look for if you get pulled over on suspicion of drunk driving so that you can protect yourself before it happens, we have compiled this information to help you understand what you should expect if you find yourself in this situation in the future. If you are ever unsure of what to do when you get pulled over for any reason, remember that it’s better to be safe than sorry – even if it feels like you’re overreacting at the time!
You Can’t Drink and Drive and Not Be Arrested for DUI
If you have ever driven drunk, you will be arrested for a DUI. There are some differences between state laws regarding DUI and how severe the penalty might be, but the basic principle is the same – if you are caught driving under the influence of alcohol or drugs, you will be arrested. The reason why you were stopped will probably vary, but there are some red flags that you should look out for and know what to expect next if you are ever pulled over for driving under the influence. For example, if you’ve been weaving through traffic or driving erratically, the officer will almost certainly suspect that you were under the influence. If he smells alcohol on your breath, this may be enough to make the arrest. If your eyes are bloodshot or you stumble when you get out of the car, this will almost certainly be used against you. It’s important to note that the officer does not have to see you drive dangerously for him to make the arrest – the mere smell of alcohol on your breath is enough. Another common red flag is that the officer will notice that you have an out-of-state license plate or a car that doesn’t belong to you. If he runs your license and finds that it doesn’t match the car, he may choose to make the arrest based on this alone.
You May Be Arrested for Having Alcohol in your System
You may be arrested for being in “public intoxication” if you’re found to be too intoxicated to safely operate a motor vehicle. The test for being intoxicated is not whether you have lost some motor skills, but rather whether you are creating a danger to yourself or others. If an officer feels that you are too intoxicated to drive safely, he may also choose to make the arrest for being in public intoxication. The easiest way to avoid this situation is to make sure you don’t get too intoxicated to drive in the first place. If you are out with friends and want to have a few drinks, don’t drive at all. If you are at a party where everyone is drinking, find a designated driver or call a taxi.
You Cannot Be Told to Submit to a Breathalyzer or Blood Test
This is the most common misconception that people have about DWI charges. In fact, you cannot be told to take a breathalyzer test or submit to a blood test unless you have a prior conviction for drunk driving. If you are stopped and arrested for a DWI, you will be read your Miranda Rights, which include the right to remain silent. If you choose to remain silent, an officers will not be able to request a breathalyzer test or a blood test without a warrant. If you choose to talk to the officer, they may attempt to get a warrant for a blood test. If they do not get the warrant, they may still be able to get a sample of your blood by drawing it from a vein in your arm. Whether the test will be admissible in court is another matter.
You May Be Arrested for Having Drugs in Your System
If you are arrested for drunk driving, the officers may choose to search your car and belongings for drugs as well as alcohol. If they find drugs in your car, they will charge you with “Drug-Induced DUI,” which is a lesser charge than “DUI” but is still a serious offense.Drug-Induced DUI in Texas works in a similar fashion to DUI - if the police can prove that you were impaired by drugs, you will be convicted. To do this, the officers will administer a field sobriety test to see if you are impaired. If you fail any of these tests, you will be convicted of a drug-induced DUI.
How to Stay Out of Jail with a DWI Charge
As mentioned above, the first thing that the police will do when they stop you for a DWI is to administer a breathalyzer test. If the test comes back positive, you will almost certainly be booked for a DWI. The good news is that if you have a good attorney, you may be able to beat this charge. You will need to hire a good attorney and negotiate a plea deal. Here are some things to remember if you end up being arrested for a DWI:
Conclusion
Whether you’ve been arrested for a DWI or any other type of crime, the best way to protect yourself is to know your rights. The more you know about your legal rights, the better equipped you will be to find a lawyer who can fight for you in court. If you’re arrested, remember that you have the right to remain silent and to request a lawyer. Even if you are intoxicated, you should not speak to the officers without a lawyer present. This article has explained the signs that you might be arrested for a DWI, and what you can do to protect yourself before it happens. At the very least, you will know what to expect and what you can do if you ever find yourself in this situation again.