You had a single drink at a holiday party in Houston and feel completely capable of safely driving home after an hour or two. However, this single drink combined with a traffic infraction could be enough for police to pull you over on suspicion of drunk driving. You need to be aware of Texas DWI laws, so you can be prepared in case of a traffic stop.
Texas DWI laws
You can be charged with driving while intoxicated if you are operating your vehicle while intoxicated. You are intoxicated under Texas law if your normal physical and mental faculties are impaired because you have alcohol in your system or if your blood-alcohol concentration is at or above the legal limit of 0.08.
Police can base a drunk driving arrest either by observation of your driving, by the result of field sobriety tests, by viewing an open container of alcohol in your vehicle or by performing breath or blood test.
Was your traffic stop lawful?
Police can only pull you over if they have reasonable suspicion that you are unlicensed, that your vehicle is not registered, or that you have committed a traffic infraction or have otherwise broken the law.
This standard is meant to protect your rights against unreasonable searches and seizures. This right can be found in the Fourth Amendment of the U.S. Constitution.
Be careful this holiday season
It is important to drive carefully at any time of the year, but especially during the holiday season. Police will be looking for any reason to stop a driver over the holidays when some motorists overindulge and drive drunk.
You can avoid a drunk driving stop if you are mindful about your drinking. If you believe you were wrongfully stopped by police and charged with DWI, you have the right to a fair trial with appropriate representation.
