It is well-known that DWI arrests tend to increase around any major holiday. When people are in a festive mood and out celebrating, they tend to drink more. Halloween is one of the more casual holidays, and for many, one of the most fun. Most adults only have a reason to dress up in a costume once each year and strive to make the most of their Halloween festivities. Unfortunately, nothing brings an abrupt end to a celebration like a DWI arrest. While you would be far from alone, the consequences of a DWI can be harsh. Texas is not known for light sentencing. Even as a first and only offense, a DWI can leave a mark on your record that closes doors.

If you are one of the hundreds who will be arrested for drunk driving this Halloween, it is important to take the matter very seriously and make finding a good criminal defense attorney a top priority. A DWI conviction could follow you for a lifetime like a haunting you cannot get rid of. 

Alarming Statistics About Drunk Driving Accidents on Halloween

Drunk driving can have serious penalties in Texas. Not only could you face jail time, but you are very likely to lose your driver’s license for some time. You may also face difficult collateral consequences, such as difficulty finding a job after a potential employer runs a background check. If you are accused of a DWI, it is important to fight back with help from an attorney. 

Texas courts can be quite strict when enforcing laws against drunk driving. It is well-known that it is dangerous to operate a motor vehicle after consuming enough alcohol to become intoxicated. For most adults in Texas, it is illegal to operate a vehicle with a B.A.C. of over 0.08%. This is generally considered to be the blood alcohol level at which an adult is deemed legally intoxicated. However, the law in Texas is much more strict with persons who are under the age of 21 who drive after drinking. It is already unlawful for a person less than 21 years of age to consume alcoholic beverages in general. Concerns over the effects of alcohol on minors have led to even stricter legislation regarding underage drinkers who drive. If you are a minor facing DWI charges, it would be wise to seek out a skilled criminal defense attorney. 

What Does Texas Law Say About Underage DWI Charges?

The Texas statute pertaining to underage drinking and driving is incredibly strict. Here, a person under 21 years old can be charged with and convicted of driving while intoxicated if they have any detectable amount of alcohol in their body. Impairment does not need to be proven. Even a very small amount of alcohol insufficient to intoxicate you can trigger these charges. Less than one alcoholic beverage can be detected through chemical testing. 

What Potential Penalties Could Drivers Under 21 Face for a DWI? 

The penalties associated with an underage DWI can be serious. You could face: 

The moment you become aware that you are under suspicion of a crime of any type, it is prudent to contact an attorney. Discovering that there is a possibility that you will be arrested and charged in the future affords you a unique opportunity to prepare in advance for any contact with the police and investigators. In fact, it is preferable to learn that you are a suspect prior to arrest. An attorney can aid you in preparing for a potential future arrest. Those who have no notice that they are under suspicion before the moment they are placed in handcuffs are at a considerable disadvantage - they are more prone to making costly mistakes during questioning before requesting an attorney. Particularly if the criminal offense you are suspected of is a felony, having an attorney’s assistance from the outset of an investigation against you can be enormously beneficial. If you believe that the police are investigating you for potential criminal activity or that you have become a suspect, contacting a lawyer promptly can make a vast difference in your case. 

How a Lawyer Can Help You Prior to Arrest

In some cases, an attorney can preempt certain investigative techniques used by police to protect you from potential incrimination. Reasons that you should contact an attorney before formal charges have been levied include: 

• Knowing what to do - There is a significant amount of misinformation and myths perpetuated about what the constitutional rights of an arrestee or suspect are. By communicating with an attorney in advance of a potential arrest, you will be armed with accurate and up-to-date information regarding what rights you have and what the police may or may not do. 

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Police officers love turning routine traffic stops into arrests. If they can charge you with a felony, like drug possession, it is even better in their book. For you, on the other hand, the arrest may have been totally unexpected. No one expects their quick run to the store or commute home to end with them in jail and their car in an impound lot. Often, drivers are entirely unaware that they are doing something wrong at the time they get pulled over. You could have simply not realized that you had a tail light out - and really, getting pulled over is one of the more common ways that people find out about such things. The reason you got arrested may have absolutely nothing to do with the original reason you were pulled over. However, as long as the stop was legal, the following investigation can go in any direction. If you were arrested after a traffic stop, Law Offices of Sam H. Lock can fight to defend your freedom. 

Top 4 Reasons Texans Get Arrested During Traffic Stops

In general, Americans are very vulnerable to arrest while they are driving or riding in a car. It is fairly easy for police to find a reason to stop and search vehicles. Some of the most common reasons police find to arrest drivers include: 

• Intoxication - If you get pulled over for a minor traffic violation, but the officer notices that you smell like alcohol or cannabis, you are most likely going to be arrested. Officers are trained to spot signs of intoxication by harder drugs as well. Driving while appearing even slightly “off” can lead to a criminal charge. 

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If you have been accused of a crime, it is important to understand your rights. One of the most important rights you have is the right to remain silent. This means that you do not have to say anything to the police or anyone else that could incriminate yourself. Often, simply staying quiet is one of the best things a criminal suspect can do to maximize his or her chances of getting the charges dismissed or receiving an acquittal. Unfortunately, remaining silent is often easier said than done. Police and investigators use many different tactics to encourage criminal suspects to divulge information. This is why it is crucial to have an experienced lawyer by your side when you talk to the police.

History of the Miranda Warnings

Miranda warnings are a set of warnings that are read to criminal suspects in police custody before they are interrogated. The Miranda warnings were established in the 1966 case of Miranda v. Arizona. In this case, the U.S. Supreme Court ruled that any statements made by a criminal suspect during custodial interrogation can only be used against the suspect if the suspect was first reminded of his or her constitutional rights.

Since the Miranda decision, the police have been required to inform a suspect of his or her right to remain silent before interrogating them. If you are questioned by the police, it is important to make full use of this right. You should politely decline to answer any questions until you have an attorney present. Anything you say to the police will only be used to strengthen the prosecution's case against you.