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LEGAL EASE

Driving While Intoxicated
during a “No Refusal” Weekend

What do I do?

By George F. “Rick” Evans, Jr., General Counsel, BCMS

H ow many times have you attended some social event and you’ve had something to drink during dinner. What to do?
when, after somebody learns you’re a doctor, you get Here’s what. Note: the following comments are for a first offense
questions about some physical malady or the other? in which nobody was seriously injured or killed. If you’ve been
pulled over before or there’s been a serious injury/death, or you
Same thing happens with lawyers. So, I’m going to have prior DWI convictions, then you’re in a different category al-
together and this article doesn’t apply to you. But, for now, let’s as-
start a series of articles discussing some of the more common ques- sume this is the first time you’ve been pulled over and nobody has
been hurt.
tions we get. My guess is that it’ll directly relate to a lot of legal
First, pull over as soon as you reasonably can. Turn on your four-
questions you have. way flashers if you’re moving so the officer knows you’re aware of
the situation. The minute you stop, roll down all your windows, turn
Let’s begin with one you might be embarrassed to ask an attorney, on the interior lights and keep your hands on the steering wheel.
Officers are understandably on high alert when approaching dark-
but is nonetheless something you’ve wanted to know about. Here ened cars at night. You can relax their anxiety if they can see you
and see your hands on the wheel. That might make the officer just
it is. What happens when the blue and red lights suddenly start flash- a little more friendly and less suspicious. And open windows may
dispel any smell of alcohol inside which, if sniffed by the officer, is
ing behind your car after you’ve left the restaurant having put down not a good thing for you.

two glasses of Chardonnay with your salmon? And, what if it’s dur- Next, remember that you’re on camera the entire time. The police
car dashboard cam has you, the officer’s body camera has you, and
ing the holidays when the county has announced it’s a “no refusal” if you’re put in the back seat of the police car, you’re on camera
there, too. The judge and jury will see those videos so you need to
weekend? What does that mean? Do you have to do the field sobri- act professionally, calmly and very politely. This is not the time to

ety tests? Do you have to blow into the breathalyzer. Do you have

to give a blood sample?

Captain Obvious will tell you not to get in that position in the

first place. If you don’t drink and drive, you’ve got nothing to worry

about. Pretty simple, right? Even if there’s no designated driver

handy, you can always call an Uber or Lyft or taxi. There’s absolutely

no excuse for putting yourself in the position of sweating bullets

when the red and blue lights flash.

But, maybe you’ve slipped up and it’s too late now. You’re driving

32 San Antonio Medicine • December 2017