How DWI Attorneys Avoid a DWI

I don’t only drink alcohol at my house. I also have the advantage of seeing the way that officers arrest people for DWI. I’ve been arrested before for DWI and I don’t want that to happen again. We all know that the police have a plan for arresting people for DWI, I also have a plan for not getting arrested for DWI.

My Plan

1. I Don’t drink if I’m going to be driving with kids

If I’m going to be driving with my kids in the car, I don’t drink any alcohol. Driving while intoxicated with a child younger than 15 years old is a felony and I don’t want to be charged with a felony. I also don’t want my kids to be witnesses to me getting arrested by some cop just because he smells alcohol on my breath and thinks I’m intoxicated. This isn’t too much of a problem, because my wife is usually with me in these circumstances, so one of us can have some drinks and the other drives.

2. Before Drinking, I Decide How I’m Getting Home

When I’m going to be drinking and I’m going to need to get home later, I figure out if this is a time where I’m just going to have a couple of drinks, like at a networking event or happy hour, or if this is a time where I’m likely to be intoxicated and can’t drive home.

If I’m going to be intoxicated, I’ll make the decision before I’ve had anything to drink that I’m taking an Uber home. When I’m intoxicated, I’m more likely to make a bad decision. This way, I don’t have to make the decision when it’s time to go home.

If I’m probably not going to be intoxicated, then I’ll plan on driving home but I’ll try to limit myself, so that I can drive legally.

4. I Check Myself

Sometimes, even if I only planned on having a couple, I drink more than I had planned on. I keep a breathalyzer that I bought off of Amazon in the center console of my car. If I’ve been drinking and I plan to drive home, before turning the car on, I test myself. Breathalyzers aren’t perfect, especially ones that you get off Amazon that never get calibrated, so keep in mind that it’s just an estimate. If I blow and I’m over the legal limit, I’m calling Uber. When I’m .04, I’m driving home. Make sure you decide before hand what your limit is for driving. If you blow a .075 are you driving? Also, keep in mind that your blood alcohol content is always changing after you drink alcohol. If you just finished your last drink right before driving, your blood alcohol content may be going up while your driving.

5. I Have a Plan In Case I Get Pulled Over

Lastly, I have a plan if a cop pulls me over. This is vital. Most people who are arrested for DWI are pulled over for speeding or some other traffic violation. If you’ve done everything above, your probably legal to drive, but I’ve represented plenty of people who were arrested for DWI when there blood alcohol level was below .08. What most people don’t know is that, in San Antonio, officers don’t give you a breathalyzer until you get downtown and you’ve already been arrested. Even then, if you blow .08, they will likely try and get a search warrant to draw your blood and have it sent to be tested for drugs. The District Attorneys Office dismisses most cases where the driver was below .08, but they still had to go through the process of getting arrested.

If I’m pulled over and it’s late at night, especially on a weekend, I’m not saying anything to the officer other than, I want to see a lawyer and I’m remaining silent. I will still give the officer my license and insurance. I’ll take my ticket and go home. People usually get in trouble when the officer starts asking questions. Drivers will frequently admit to coming from a bar, admit that they drank alcohol, how much they had, and then perform the field sobriety tests. You have no legal duty to admit to any of that or submit to the tests, and you shouldn’t.

Remember, if an officer tells you he just wants to make sure you’re ok to drive, you don’t have to prove your innocent. If he’s not sure whether or not your ok to drive, then you get to drive home. He’s looking for evidence that your not ok to drive and then he’s arresting you.

You avoid driving while intoxicated with this plan and you can handle an officer that thinks you may be intoxicated. It’s always cheaper to grab an Uber home, call someone to pick you up, or figure out some other arrangement if you’re intoxicated than paying for bond, an attorney, and possible fines and fees.

If you have any questions or if you are being charged with DWI, schedule a consultation with me so that we can discuss it.

If you aren’t ready for a consultation, download 4 Things To Do If You’ve Been Arrested.

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Sean Henricksen Law Firm

At the Henricksen Law Firm, we are committed to helping good people who have been charged with criminal offenses. Your situation is unique, and before we develop a strategy, we will hear your individual concerns. Then we work toward the result that solves all of your problems—both now and in the future.

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