New Year’s is no-refusal and “you’re probably going to jail”

What Should You Do if You’re Pulled Over on New Year’s Eve?

“We have a plan for you,” Berg said, “which involves getting evaluated and then probably going to jail.” This quote was published by the Houston Chronicle on December 26, 2018.

Thanks to the Harris County District Attorney’s office for putting it out there. If you’ve had anything to drink over the New Year’s weekend, you’re probably going to jail.

The encounter with police will go something like this:

  • You get pulled over for a traffic offense (speeding, swerving, going too slow, etc.). Don’t admit to anything (i.e. drinking, driving or celebrating).
  • Next, you’re ordered out of your vehicle and asked to perform a few police exercises, also known as field sobriety tests. You do not have to do these. If you do, you risk giving the cops more evidence no matter how drunk or sober you are.
  • Then, you’re asked to give a breath or blood sample. It’s a no-refusal weekend, so if you refuse a breath test they will get a warrant and stick a needle in your arm to obtain a blood sample. What to do: Take the breath test. Breath tests can’t detect drugs and juries typically don’t trust the results as much as blood tests.
  • Remember, the Harris County District Attorney’s office said you’re “probably going to jail.” If you get pulled over, focus on being polite and giving the authorities as little evidence as possible. This means keeping your mouth shut and doing what you’re told.
  • Finally, you need a criminal defense lawyer who is going to fight for you! Call Blass Law 713-225-1900. Keeping Innocent People Innocent.®


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Jay Blass Cohen is a Houston Criminal Defense Lawyer / DWI Defense / Serious Injury lawyer at Blass Law. Jay continually gets excellent results for his clients by staying a step ahead. Jay is committed to fighting to the end for his clients, ensuring the best possible outcome. That's Jay. Commitment, knowledge, education, protection, and the Fight. Keeping Innocent People Innocent®