The holidays in Texas—Thanksgiving, Christmas, and New Year's—are meant for family, food, and festive cheer. But they can also be high-stress times. And unfortunately, they can coincide with increased law enforcement on the roads and at holiday events. Being arrested during a celebration, whether for a DWI, public intoxication, or a misunderstanding, can shatter the holiday spirit and leave you feeling scared and uncertain.
If you find yourselves in this unexpected and difficult situation, knowing your rights and the immediate steps to take is crucial. Do not panic. You need to know how to navigate the aftermath of a holiday arrest.
Your Immediate Actions: The Crucial First Steps
If you are arrested, remember your fundamental rights:
Remain Silent: The most important thing you can do is invoke your right to remain silent. Do not answer questions, argue with the police, or try to "explain" your side of the story without an attorney present. Anything you say can and will be used against you.
Ask for an Attorney: Clearly and assertively state, "I want a lawyer." Once you request legal counsel, law enforcement is generally required to stop questioning you.
Do Not Resist: Physical resistance or verbal aggression will only escalate the situation and may lead to additional charges. Remain calm, comply with the officers' physical requests (such as being handcuffed or fingerprinted), and focus on securing your release.
Understanding Your Holiday Charges
In Texas, law enforcement ramps up patrols during the holidays, focusing heavily on certain offenses:
DWI (Driving While Intoxicated): This is perhaps the most common holiday-related arrest. A DWI conviction can lead to significant fines, jail time, and the loss of your driver's license. Refusing a field sobriety test or a breathalyzer has consequences, but it is often advisable to consult an attorney before making a decision.
Public Intoxication (PI): Often a Class C misdemeanor, a PI charge can still result in fines and a record. It is common around holiday parties and public gatherings.
Assault/Family Violence: High stress and alcohol consumption can tragically lead to disputes. An arrest for family violence during the holidays is treated severely, often resulting in an emergency protective order.
Regardless of the charge, never assume it is minor. The potential long-term consequences on your career, finances, and freedom demand a dedicated legal response.
Securing Your Release: The Bond Process
After an arrest, your primary goal is to get released from custody. This usually involves posting a bond.
Bail/Bond: The magistrate or judge will set a bail amount. You can pay the full amount to the court, or you can use a bail bond company who charges a non-refundable percentage (typically 10-15%) to post the bond for you.
Conditions of Release: Be aware that the judge may set conditions, especially in DWI or family violence cases. These might include an ignition interlock device (for DWI) or a temporary restraining order (for family violence). You must strictly adhere to these conditions.
The Dedicated Defense You Need Next
A holiday arrest is not just a legal inconvenience; it is a serious disruption to your life. The period immediately following the arrest is critical for building a strong defense. Evidence, like police bodycam footage and witness statements, needs to be secured immediately. You need a dedicated legal partner who understands the specific Texas laws and courtroom procedures that apply to holiday arrests.
This is where the Law Office of Steve O. Gonzalez comes in. We can be an assertive advocate who is ready to attack the prosecution's case. Our team is dedicated to providing the aggressive, trustworthy defense Texans deserve.
If your holiday celebration was interrupted by a pair of handcuffs, the time to act is now. Do not wait for the new year to start fighting for your rights. Call us right away at (832) 900-9867.