Law enforcement was out in full force the last two days due to the holidays. Numerous DWI and car and truck accidents happened in Conroe and the Woodlands. Excessive drinking this time of year is common. Unfortunately, so are driving while intoxicated cases and wrecks where people are injured. Here in Montgomery County we have a no refusal policy that has been in effect since Thanksgiving. If you are pulled over for suspected drinking and driving, you will be tested even if you refuse. Upon a refusal to give a blood or breath sample, your case will trigger the officer to apply for a warrant from an on-call judge to order you to give a sample. Although many lawyers tell you “don’t blow,” I think this advice is often foolish. If you have no criminal history and are below a .25 then you may qualify for a pretrial diversion program that will allow you to get your case dismissed with year of probation. If you decide to refuse the test, then you will not qualify for a pretrial diversion.
Here are some safety tips to consider for you and the ones you love.
Don’t drink and drive.
If you do decide to drink have someone else drive or call an Uber or Lyft. We have people in the office every week that are positive they were under the legal limit. The truth is that it is extremely rare that this turns out to be correct. Trust me, I have a portable breath tester. I have used it on myself and my friends. Your blood alcohol content is almost always higher than you think. Let’s face it, you are drinking. Your sensibility is not top notch at this point. You forget how many drinks you have actually had. A good rule of thumb is that four drinks in an hour for a female may be a .13 or higher. Four drinks in an hour for a male is typically 0.08 or higher.
If you have been drinking, and you get pulled over, you are going to jail. This means that whether you are guilty or innocent, you are going to have to hire an attorney. Police do not let people who are drinking drive home. It does not happen. If an officer smells booze, you are going to jail.
Don’t over serve your guests.
This is a tough one because you would like to think that your guest will be responsible. Sadly, this isn’t always the case. If you are hosting a party and you suspect a guest may be over the legal limit arrange a ride or let them stay the night. Keep yourself and your guests out of harm’s way by not drinking and driving. Accidents are bad enough. If alcohol is involved the situation goes from bad to worse. So, what if you are in a car or truck accident?
If you are injured in a car accident, contact a personal injury attorney immediately.
The holidays are supposed to be fun. But you shouldn’t have to suffer a loss due to injuries because someone else wasn’t responsible. If you are hit by a drunk or careless individual, you should be compensated for your suffering and loss.
M. Neufeld Law wishes you a Happy New Year and hope you have a great 2019!