The holidays are causes for celebrations, especially around the end of the year starting with Halloween (technically not a day of celebration, but whatever) all the way to New Year’s Day. This is a chance for people to get together, and in many cases get inebriated together. There’s nothing wrong with that in Texas if they are adults or supervised by adults. That is, unless they get behind the wheel while they are still under the influence of alcohol. Unfortunately, accidents caused by driving while intoxicated (DWI) are an all too-frequent happening during the holidays, often turning celebration into tragedy.
Austin law enforcement knows this better than anyone, which is why they are in full force for each holiday to try to take intoxicated drivers from behind the wheel. In 2014, Halloween is on a Friday, the same weekend of the Formula One and Austin Fan Fest. With all the merrymaking and excitement going on, Austin authorities are preparing for the worst. In 2013, there were a total of 148 DWI arrests for Halloween and the Formula One weekend.
With being so much keyed up over these expectations, normally stringent law enforcers are more liable to arrest first and ask questions later during holidays. This can make all sorts of trouble for someone coming from a party where alcohol was being sprayed like confetti but who didn’t actually drink, for example. While the smell of alcohol may present probable cause for a stop and field tests to be administered, it would be reasonable to assume and for Austin criminal defense attorneys to expect that if a breathalyzer test comes back 0.0, that person would be free to go. That doesn’t always happen, as evidenced by the 2013 case where a man who proved he was not intoxicated still spent the night in jail.
If you are arrested for DWI in Texas, do not assume anything. The law can be a slippery snake, so it would be best to keep your options. Submit to field sobriety tests but consult with a criminal defense lawyer before anything else if you are charged with DWI.