Halloween is an enjoyable and spooky holiday for children and adults alike. Children have trick or treating and other activities, while adults often have parties to attend. The fact is, however, that the police are well aware that Halloween and adult festivities go hand in hand, and they are sometimes overzealous in their pursuit of drunk or drugged drivers. If you are charged with a DWI this Halloween, it is important to contact a Killeen DWI Defense lawyer as soon as you can. A DWI conviction can leave you without driving privileges, is extremely costly, and can have overarching negative consequences in your life.
In Texas, a charge of driving while intoxicated refers to operating a motor vehicle in a public place while intoxicated, which means that at least one of the following applies:
- Alcohol – or another drug – caused you to lose your normal physical and/or mental facilities.
- You had a blood alcohol concentration (BAC) of .08 or higher when you were stopped by the police and tested.
Being charged with DWI is a bit different than being charged with other kinds of crimes – which only incur penalties if you are convicted or enter a plea. If you are lawfully arrested for DWI, you can be hit with significant fees and have your license suspended even if you are not ultimately convicted of the crime.
Your Defense Strategy
If you find yourself facing a DWI charge this Halloween, there are several important defense strategies to consider, including:
- Absence of Reasonable Suspicion – Halloween, in and of itself, does not provide officers with carte blanche when it comes to stopping drivers. To pull you over, an officer must have a reason for doing so – legally referred “reasonable suspicion.” Speeding, driving recklessly, failing to dim your high beams, or committing some other driving infraction will do the trick, however. Nevertheless, simply being out and about on Halloween does not amount to a justification for pulling you over.
- Inaccurate Testing Device – Breathalyzers, the handheld devices used to test your breath for alcohol, have to be well maintained and in excellent working order to provide accurate results, and there is a margin of error regardless. If your reading is very close to the limit (.08 percent) or if the apparatus is old, poorly maintained, or improperly calibrated, it can invalidate your results.
- Improper Arrest – When a police officer makes an arrest, he or she must follow careful procedures that are intended to protect your constitutional rights. For example, if the officer fails to read you your rights, it can significantly affect your case.