ARE THE POLICE LOOKING FOR DWI/DUI ON NEW YEARS EVE?
The simple answer is yes. Police are trained to know that once the sun goes down that people go out to eat and drink. This is especially true on holidays known for celebrations like New Years Eve. This is one of the deadliest holidays for motorist.
In order to reduce accidents, the police are out in force and pulling people over for traffic violations. This leads to smelling alcohol and starting DWI/DUI investigations.
WHAT SHOULD I DO IF I'M STOPPED BY POLICE?
If you find that the police have the headlights on behind you, the first thing to do is stop. Make sure you are safe, but there will be no excuses accepted if you want a well lit area.
The police should always ask for your driver's license and proof of financial responsibility (insurance). So you should have that ready to provide the police before they approach the window. This will limit the interaction. The police look for signs of impairment to give then reasonable suspicion to change from a traffic stop to a DWI/DUI investigation. Sign are Bloodshot eyes, slurred speech, and odor of alcoholic beverage.
If the police ask you or order you to get out, then the chances that you will arrested are overwhelming. You have a right to remain silent, so do so. If they ask to do a sobriety test, politely decline.
IF I DO THE SOBRIETY TEST, DOESN'T THAT MEAN THEY WILL LET ME DRIVE HOME?
The simple answer is no. The sobriety test are made to suspend driver's licenses. That means if you have overwhelming clues of sobriety, it doesn't matter. This is because the minimums to make an arrest can be viewed as 12.5% clues of intoxication. When was the last time you scored 87.5% on a test and that meant your failed? It may seem unfair, but remember the point is to prevent accidents and save lives.
WHAT TO DO AFTER I HAVE BEEN ARRESTED?
The best thing to do is get in touch with a lawyer immediately. Remember you are facing a license suspension, criminal conviction, higher insurance premiums, and possible loss of employment. Get a lawyer that can help navigate all of of these obstacles. If you are in the Houston Metro Area, consider calling my firm Ruben Restrepo Law at 713-714-7330.
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