A DWI conviction is rough on everyone. However, the situation can get trickier when someone from law enforcement is arrested for DWI. As a police officer, you bear the burden of being held to a higher standard than the public you serve. So when you are arrested for DWI, it’s important that you understand that you still have rights and you are innocent until the state proves you guilty.
It’s vital that you seek legal representation as soon as you can after you are arrested. Mounting an aggressive legal defense increases your odds of getting a favorable outcome. Keep in mind that a DWI conviction will affect both your current position on the force as well as any future employment opportunities.
1. No Difference in Penalties
People often think that police officers are given heavier penalties. This is not the case. Under the law, everyone arrested for drunk driving is treated equally. There is no difference in penalties based on one’s occupation.
Similarly, a police officer will not receive any special treatment because of his or her designation. However, you may have to undergo an internal investigation by your department. Depending on the results, you may suffer disciplinary actions, including:
- Dismissal from the force
- Requirement to undergo an alcohol or drug treatment program
- Placement on administrative leave
If you were driving while on duty, you’ll likely be terminated no matter what your BAC level is. All police departments have a zero-tolerance policy when it comes to drinking while on duty.
2. Judgment From Friends and Family
When arrested for drunk driving, police officers generally face judgment from friends, family members, and the public at large. Because they are held to a higher standard, police officers are treated more harshly in the court of public opinion whenever they are arrested for any crime. There is a natural perception that police “should know better.”
But officers are humans who make mistakes. Serving and protecting the public puts you in situations that cause stress most people will never experience. Do not allow the shame of being arrested make you think that you forgo your rights as an American citizen. Exercise those rights to their fullest extent.
Keep the news of your arrest to yourself and share it only with your immediate family if you need to. Guard yourself from harsh judgment, as it can take a toll on your mental health, triggering stress and anxiety. This is the time to seek support and guidance from your family and possibly see a mental health professional to help you navigate through the stress.
3. What Should a Police Officer Do After He or She Is Arrested for DWI?
Whether you’re a police officer, truck driver, or businessperson, if you’re arrested for DWI, you should have a razor-sharp focus on finding the right lawyer to begin the process of mounting an aggressive defense. As you may already know, you’ll be facing two court proceedings: your administrative license revocation (ALR) hearing to get your license back and your criminal charges hearing. You should have the same attorney present for both legal proceedings since prosecutors will reveal much of their criminal case at the ALR hearing, which helps your attorney prepare for the criminal case.
Attorney JL Carpenter is a reputable DWI lawyer in Houston. She fights relentlessly for her clients, with the goal of getting their cases dismissed.
Consult JL to start building your case. She serves clients across the Greater Houston area, including Clear Lake and Friendswood. In addition to handling DWI cases, JL also works on BWI, drug possession, family violence, and domestic violence cases.