A Cop Just Pulled Me Over and I’ve Been Drinking. What Should I Do? Will I Get a DWI in Austin?
People assume a Driving While Intoxicated (DWI) arrest will never happen to them, but the reality is, they happen all the time, especially in Travis County. People who never expected to need a criminal defense attorney in Austin suddenly find themselves scrambling.
Remember: even if you drink responsibly, it’s best to prepare for the worst-case scenario, because those first decisions you make during a DWI investigation will make all the difference. You don’t want to be the person who thinks: A cop just pulled me over and I’ve been drinking. What should I do? Will I get a DWI? You want to be calm and prepared. Hopefully you never find yourself post-happy hour with a police officer’s flashlight at your window, but if you do, below is some advice from expert Austin criminal defense attorney Chris Perri, with three important tips to keep in mind:
1. Accept that you may get arrested for a DWI.
Even if you’ve had just one drink, if a cop smells alcohol on your breath, you’ve now become their responsibility. In other words, they don’t want to be liable for letting someone who is potentially drunk on the road.
Thus, if you refuse to blow into the breathalyzer, a device that measures the amount of alcohol in your blood, you will almost certainly get arrested. But that doesn’t necessarily mean blowing is the right call, as the accuracy behind these machines is questionable. If you blow, you are giving the prosecution evidence to use against you. Stay cool and wrap your mind around the possibility of spending one night in jail. You can get out of jail fast.
Also remember, an arrest does NOT necessarily mean a conviction—not if you hire a skilled DWI defense lawyer in Austin like Chris Perri.
2. Start building your criminal defense—immediately.
Your entire interaction with the cop is being recorded and will be used in determining the outcome of your DWI case. Prosecutors, judges, and possibly a jury will later watch this video to assess your intoxication level.
So be polite to the officer, speak minimally, act calm, and consider whether or not blowing into the breathalyzer and/or performing the sobriety tests will help or hurt the outcome of your case. Usually, it hurts. 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, attempting the tests will probably make you appear more inebriated than you are, especially if you have a medical condition.
That’s why if you’ve accepted you might sleep at the Travis County Jail and focus on providing as little incriminating evidence against yourself as possible, the better off you’ll be in the long run. Never forget that the cop is on the side of the prosecution. Ultimately, it’s your call and your right to decide how to proceed in the moment. If you truly haven’t had a sip of alcohol, blowing into the breathalyzer might make sense. However, people almost never look good performing the physically and mentally demanding sobriety tests.
You can blame your refusal on the advice of your lawyer. You can tell the cop, “My criminal defense attorney recommended I refuse the DWI tests.”
However, it’s worth noting that declining the tests may allow the government to temporarily suspend your Texas driver’s license. Still, that short-term price may be worth the long-term gain of reducing your chances of a DWI conviction. Besides, even with a suspended license, you'll likely be able to drive, as a good criminal defense attorney can help you obtain 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 DWI arrest. Those charged with a DWI often feel ashamed, alone, and scared.
But it’s important to remember that you will get through this. You are more than one bad night. And if you hire a qualified, compassionate defense lawyer who has experience winning trials and getting cases dismissed like Chris Perri, then 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 substance abuse or addiction 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 guidance on the other side often helps people through.
If you have been arrested for a DWI in Austin or a surrounding county, such as Hays or Williamson, don’t wait any longer to get help. With over 20 years of proven success, Chris Perri offers free case consultations. Contact him at (512) 269-0260 or www.chrisperrilaw.com to speak with him today.