Local News Houston, Texas: Houston Law Enforcement Beefs Up Efforts to Curb DWI; Houston Criminal Defense Lawyer Rand Mintzer Offers Help

With the Labor Day holiday rapidly approaching, Houston Police Department officials have already started implementing their plans to stop area motorists from driving under the influence (DUI) and driving while intoxicated (DWI). In conjunction with The National Highway Traffic Safety Administration, Houston law enforcement officials are taking part in the "Drunk Driving: Over the Limit, Under Arrest" campaign, which is expected to last through September 3. During this time motorists can expect law enforcement officers to be out in full force, arresting anyone in violation of impaired driving.

The crack down on DWI comes on the heels of a report issued by the United States Department of Transportation, who reports that Texas ranks first in the list of states with the highest number of fatalities caused by motorists engaging in DWI. According to the study, there were 13,470 deaths involving drivers and motorcycle operators with blood levels of .08 or higher last year, the legal limit for adults in the United States. 1,354 of these deaths occurred in Texas.

Given recent data, it may not be surprising that the Texas Department of Transportation also reports that there have been 8,210 arrests for DWI in Texas since October of 2006. Those arrests, however, do not come without serious ramifications.

A first time DWI, makes a case for a class B misdemeanor, and is punishable by up to 180 days in jail and a $2,000.00 fine. “To make matters worse, once you are convicted or plead guilty, there are surcharges that start at $1,000.00 a year for the next three years,” says Houston attorney, Rand Allen Mintzer, who notes that there is a surge of cases regarding DWI over any holiday weekend.

From his offices located at 5821 Southwest Freeway, Attorney Mintzer has worked on numerous cases for motorists in and around the Houston area facing DWI charges, and is familiar with the legal process surrounding DWI’s.

He explains it simply, “There are more people on the roads during a holiday weekend. When there are more people on the road there are going to be more accidents and fatalities. This is exacerbated by the fact that more people drink on a holiday weekend. To cut down on accidents and fatalities, there will be more officers on patrol. These officers will be hyper vigilant about traffic infractions, and this is where most DWI's start.”

Once an officer believes a motorist has been drinking, officers have the right to request that the motorist perform a field sobriety test, a procedure that Mintzer says is not without skepticism of its own. “The breathalyzer is questionable to say the least. Even a police officer in a social situation will advise you not to blow into a breathalyzer. Texas does not allow the manufacturer of the alleged machine to send the accompanying book with the piece of scrap because what Texas does to it renders it particularly unreliable. So, in short, do not blow....ever.”

He continues, “Even though the officer has practiced this test many times and may still not have it down, you are expected to perform it perfectly. These are divided attention tests and designed and graded for the participant to fail”.

So what are some other things to remember if you find yourself in this situation?

“If there is any physical restriction that will keep you from performing the test, speak up immediately. Remember, everything that you are doing is being recorded by a video camera in the car,” he advises.

Drivers who find themselves faced with a DWI this holiday weekend can arrange a free consultation with Attorney Mintzer by calling (713)862-8880 or by visiting them on the web at www.mintzerlaw.com.