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hris Perri Law is a criminal defense law firm located in Austin, Texas.

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Chris' Blog

The blog of Chris Perri Law, written by Chris Perri and Shannon Perri. Read the latest in exciting cases where justice is served.

Filtering by Tag: Driving While Intoxicated

Three things to do if you get pulled over by a cop—and you’ve been drinking.

Chris Perri

Photograph by  Jeffrey Smith

Photograph by Jeffrey Smith

According to the National Highway Traffic Safety Administration, just under 1% of licensed drivers will be arrested at some point in their lives for driving while intoxicated. The chance of it happening to you may seem slim, but like all statistics, it happens to someone.

Hopefully you never find yourself pulled over with a flashlight at your window, but if you do, it’s better to know what to expect and be prepared. It could make the difference in the outcome of your case.

1. Accept that you may get arrested. Even if you’ve had just one drink, if a cop smells alcohol on your breath, you’re now their responsibility. They don’t want to be liable for letting someone who is potentially drunk on the road. If you refuse to blow into the breathalyzer, you will almost certainly get arrested, but that doesn’t necessarily mean blowing is the right call, as the accuracy behind the machines is questionable. Stay calm and wrap your mind around the possibility of one night in jail. Remember, an arrest does not mean a conviction.

2. Start building your defense—now. Your entire interaction with the cop is being recorded and will be used in determining the outcome of your case. Be polite to the officer, speak minimally, and consider if blowing into the breathalyzer and/or performing the sobriety tests will help or hurt your case. It can be tempting to try the tests to prove your innocence, but, remember, they’re challenging even when sober, so if you’ve been drinking, even lightly, it’s possible that attempting the tests will make you appear more inebriated than you are, especially if you have a medical condition. That’s why if you’ve accepted you might go to jail and focus on providing as little incriminating evidence against yourself as possible, you’ll be better off in the long run. Ultimately, it’s your call and your right to decide how to proceed in the moment. It’s also worth nothing that refusing the tests may allow the state to suspend your driver’s license. Still, a good criminal defense attorney can usually help you get an occupational license.

3. Remind yourself that this moment will pass. You are going to be okay. Assuming no one was hurt, the worst part of this experience will be the arrest. People in this position often feel ashamed, alone, and scared. It’s important to remember that you will get through this. You are more than just one bad night. And if you hire a qualified, compassionate defense lawyer, you’ll have support for the rest of the process. For some, a DWI arrest is a turning point for the better. The experience can be a wake-up call to address a problem, while for others it’s a reminder that none of us are perfect. And sometimes, it was just an unfair arrest. Obviously, no one wants to spend the night in jail, but remembering that it won’t last forever and there will be support on the other side often helps people make it through.

If you are someone you care about has been arrested for a DWI or another crime, call criminal defense attorney Chris Perri at (512)917-4378 for expert guidance.

Court says driving near Sixth Street at night is suspicious

Chris Perri

As most people probably know, if you’re driving home from the Sixth Street area late at night, you’re under suspicion from Austin’s DWI task force, which camps out at the heavily trafficked roads that lead away from the bar district. And now, based on a recent Court of Criminal Appeals ruling in Foster v. State, you can get pulled over even if you haven’t committed a traffic offense.

As a criminal defense attorney, one of my first questions of a client charged with DWI is: “Why did the cop pull you over?” Until recently, the answer almost always involved some type traffic offense, such as speeding, running a red light, expired inspection or registration, taillight out, etc. However, check out the facts of Foster:

A police officer was stopped at a red light in the right lane of West Sixth Street. Foster’s truck drove up very close to the back of the officer’s vehicle, and then the truck made a “revving” sound. The officer also described the truck as lurching forward, possibly to try to turn into the lane to the left of the officer. The officer then initiated a traffic stop of Foster’s truck despite the fact that Foster hadn’t violated any traffic laws. Foster then failed sobriety tests and was arrested for DWI.

The Court of Criminal Appeals found that the stop was validly supported by reasonable suspicion, which is the constitutional standard for such investigatory detentions. (Note: police officers need “probable cause” to arrest a person, but only “reasonable suspicion” to temporarily detain someone in order to investigate criminal activity). According to the court, the officer validly took into account the time of day and location in determining whether there was reasonable suspicion to detain Foster.

Here, the officer testified that based on his training and experience, people leaving the Sixth Street bar district late at night are likely to be intoxicated. When this circumstance is combined with Foster’s “erratic driving,” the Court found that was enough to pull him over. On the other hand, if Foster’s driving behavior had occurred on a residential street during the light of day, an officer would probably not have been able to validly pull him over because such driving behavior, in isolation, doesn’t amount to reasonable suspicion of a crime.

Of course, Foster’s an idiot for driving so aggressively in an area known to be patrolled by cops late at night. But until now, most attorneys would’ve agreed that he couldn’t be pulled over unless he committed a traffic offense. Now, that’s changed. And if you drive near Sixth Street at night, you’re already under suspicion; if you do anything that’s conceivably “erratic,” you’ll likely be the subject of a DWI investigation.

The best advice is to take a taxi or designate a sober driver in order to avoid an accident or police contact.