As you prepare for Thanksgiving, it is important to be aware of the increased risk of being arrested on suspicion of drinking and driving. Holiday get-togethers often involve alcohol consumption, and because of this, police officers will be on the lookout for intoxicated drivers during the extended holiday weekends in November and December. Those who expect to consume alcohol will want to understand the steps they can take to avoid being arrested for driving while intoxicated (DWI) in Texas.

Operation CARE and No Refusal Weekends

The Texas Department of Public Safety (DPS) has stated that it will be increasing its enforcement efforts over the Thanksgiving weekend, lasting from Wednesday through Sunday. During this time, officers will be conducting more patrols than normal and looking specifically for drivers who are suspected of drunk driving, as well as other traffic violations, such as speeding and driving without a seat belt.

Drunk driving is illegal, and a person can face criminal charges for driving while intoxicated (DWI) by alcohol or drugs. In many cases, DWI charges occur because of a lapse in judgment or because a person believed that it was safe to drive without realizing that he or she was above the legal limit for blood alcohol content (BAC). 

Being convicted of DWI in Texas can have a variety of serious consequences, including driver’s license suspension, thousands of dollars in fines, time in prison, probation, community service, participation in DWI education programs, and the requirement to use an ignition interlock device (IID). In many cases, a person will face DWI charges after being pulled over by a police officer, but unfortunately, some cases involve serious car wrecks that may result in the injury or death of others. In these cases, a person who is being charged with DWI should be sure to understand the charges that may apply and the potential penalties he or she could face.

Like many other states, Texas takes the crime of drunk driving seriously. A DWI arrest or conviction can be difficult for anyone to overcome, but it is especially challenging for truck drivers and other holders of a commercial driver’s license (CDL) who rely on their driving privileges in order to make a living. If you are a commercial driver facing DWI charges, you need an experienced attorney who can provide the best possible defense so that you have a chance of avoiding criminal penalties that can impact your livelihood.

Additional Restrictions for CDL Drivers in Texas

Under Texas law, if the driver of a passenger vehicle is pulled over under suspicion of driving under the influence and registers a blood alcohol concentration (BAC) of more than 0.08 percent, he or she can be arrested and charged with DWI and face an Administrative License Revocation (ALR) for 90 days or more while awaiting trial. A driver who refuses to submit to a blood or breath test can be subject to an ALR for 180 days or more.

When you get behind the wheel after having a few drinks, you generally understand the risks of doing so. While you may not be thinking about the risks at the time, you almost certainly realize that it is dangerous to drink and drive. You probably know that alcohol impairs both your mental and physical faculties, which increases your chances of being involved in an accident. There is also the danger of getting pulled over and arrested for driving while intoxicated (DWI)—the consequences of which can be quite severe.

Drinking and driving puts others on the road in danger, of course, but what about those in the car with the drunk driver? More importantly, what happens if there is a child riding in the car with a driver who has been drinking? Under Texas law, DWI with a child passenger is a serious criminal offense, and if you are convicted on such a charge, there is a good chance that you will go to jail.

If you were asked to do so right now, with no advance warning, could you stand on one foot while holding the other foot slightly off the ground for a full 30 seconds? Could you walk in a straight line—putting your foot heel to toe with every step—then turn around and come back on the same line, possibly without being able to look down at the line? If you were to have trouble with either of these exercises, federal authorities say that there is roughly an 80 percent chance that you are intoxicated.
Obviously, this was intended to be an exaggerated scenario, but in reality, the tests mentioned above are actually used by the police every day to test drivers who might be impaired by drugs or alcohol. The results of such tests are often presented as evidence against defendants facing charges for driving while intoxicated (DWI), despite the fact that these tests are not nearly as accurate as law enforcement officials would have you believe.

Standardized Field Sobriety Tests

There are three tests that are recognized by the National Highway Transportation Safety Administration (NHTSA) as effective in determining a driver’s level of impairment. Together, these three assessments comprise the Standardized Field Sobriety Tests (SFSTs). In addition to the one-leg stand and the walk-and-turn tests, the SFSTs also include the horizontal gaze nystagmus (HGN) test, in which the driver is asked to follow an object, such as the officer’s finger or a pen, with only eyes. In this test, the officer is looking for an involuntary jerking or movement of the eye, usually at the peripheral range, that is often seen as an indicator of intoxication. The three tests are typically administered together, and courts throughout the United States tend to accept the test results as proof—albeit rebuttable proof—that a driver is intoxicated.