Avoid DWI during Fiesta

drinking-driving-fiesta

What should you do if you are pulled over with a DWI during Fiesta?

It’s not illegal to drink and drive. It’s illegal to drink, get intoxicated, and then drive. It’s nearly impossible to celebrate Fiesta and avoid alcohol altogether. If you find yourself behind the wheel after a long night out, follow these steps if you encounter law enforcement:

10 Steps to Follow if Pulled over for DWI in San Antonio:

  1. Pull over as quickly and safely as possible. Initiating an O.J. Simpson-style police chase is not the move you want to make. They eventually caught him, and they’ll catch you too. If you pull into a striped parking lot, park neatly in a striped space.
  2. Get ready for the interview of your lifetime. Your conversation with the officer is going to be recorded. Everything you say and do will be used against you.
  3. All traffic stops will start the same way. Unless you were shooting fireworks out of your windows or flying a 12-foot Spurs flag out of your sunroof, the officer is going to calmly approach you, and ask for your license and proof of insurance.
  4. Be ready to hand them over without fumbling around or forgetting one of the two.
  5. The officer is going to ask you questions. Don’t answer them. Invoke your constitutional right to silence and counsel. Don’t answer questions about whether you’ve been drinking or not. Don’t answer questions about where you are going to or coming from. Respectfully state that you would like counsel present before answering any questions.
  6. The officer will not like your silence. Keep in mind your goal here is not necessarily to avoid arrest. Your goal is to avoid conviction. It will definitely suck to get handcuffed and arrested. But, if you are pulled over during Fiesta and the officer has any suspicion at all that you’ve been drinking, you are very likely going to be arrested anyway. So, don’t give the Government more evidence by singing and dancing.
  7. After your initial refusal to answer, the officer will continue to press you. Politely ask if you are free to go or if you are being detained.
  8. The officer is very likely going to ask you to step out of the car. You don’t have a choice here. Get out. Do it gracefully though, you’re on candid camera. You will be asked to perform some tests so the officer can make sure you are ok to drive. Refuse, refuse, refuse! You aren’t going to win playing a game of grownup Simon Says on the side of the road. You’ll look bad, and the Government will use this as part of their case to convict you later.
  9. You might be asked to blow into a portable breath test device. Don’t do it. You will be asked to give a specimen of your breath at the Magistrate’s Office. Don’t do it. After that, you’ll be asked to give a specimen of your blood. Don’t do it. Force the officer to get a search warrant to draw your blood.
  10. From start to finish, be polite. No one has ever beaten a DWI in Bexar County by talking tough to a cop. From the second you see the blue lights your goal is to give the Government absolutely zero evidence to convict you. You can’t prevent the officer saying you smelled like booze and had bloodshot eyes. You can’t prevent the Government from eventually getting your blood. Everything else is in your control. So, play it smart.

San Antonio DWI Attorney

Criminal defense is not a DIY endeavor. Don’t endanger your permanent record by trying to get through this process on your own. If you’re facing a DWI charge, it is imperative that you retain an attorney that has the experience to successfully navigate the process on your behalf.

It can mean the difference between a temporary inconvenience and a permanent criminal record.

As one of San Antonio’s Top Criminal Defense Lawyers, a large part of my practice is focused on defending people charged with intoxication offenses. If you’ve been arrested for DWI in San Antonio or one of the surrounding counties, don’t plead guilty, pick up the phone and call me today at 210-920-1281.

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Trey Porter fought for me! I am a nurse and thought my career was over.

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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

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Successful Cases

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

CHARGES DISMISSED

DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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