Labor Day weekend marks the unofficial end of summer. For many people across Houston and Southeast Texas, it means cookouts, trips to the beach or lake, time with family and friends, and a well-earned break from work.

It is also a weekend when one bad decision—or one misunderstanding with law enforcement—can have consequences that last long after the holiday is over.

At David Smith Law Firm, PLLC, we want everyone to enjoy the Labor Day weekend safely. That means planning ahead, looking out for the people around you, and knowing what to do if an encounter with law enforcement turns into an arrest.

A Long Weekend Can Turn Into a Criminal Case Quickly

Holiday weekends typically mean more people are on the road, more gatherings involve alcohol, and law enforcement agencies are paying close attention to impaired driving and other public-safety concerns.

Some of the criminal charges that can arise during a holiday weekend include:

• DWI
• Drug possession
• Assault or family violence
• Public intoxication
• Unlawful carrying of a weapon
• Possession of THC products or controlled substances
• Evading or resisting arrest
• Other alcohol- or driving-related offenses

An arrest does not mean that a person is guilty.

Police officers make decisions based on what they observe at the scene, but those observations can later be challenged. Field sobriety testing, breath and blood testing, searches, witness statements, video evidence, and the legality of the initial detention can all become important issues in a criminal case.

If You Are Drinking, Plan Your Ride Before the First Drink

The simplest way to avoid a DWI arrest is not to drive after drinking.

If alcohol is part of your Labor Day plans, arrange transportation before the evening begins. Use a rideshare service, designate a sober driver, stay overnight, or make another plan that eliminates the need to decide whether you are capable of driving later.

The problem with trying to determine whether you are “okay to drive” after drinking is that alcohol can affect the very judgment you are relying upon to make that decision.

A rideshare to your home is insignificant compared with the financial, professional, and personal consequences that can follow a DWI arrest.

THC and Vape Cartridges Can Create Serious Problems in Texas

People should also understand that marijuana and THC laws remain particularly consequential in Texas.

A THC vape cartridge is not necessarily treated the same way under Texas law as ordinary marijuana flower. Depending on the substance involved, possession can potentially result in a controlled-substance charge carrying substantially more serious consequences at the felony level.

The fact that a product was purchased legally somewhere else does not necessarily make its possession legal in Texas.

Anyone traveling during the holiday weekend should understand what they are carrying before getting into a vehicle.

Do Not Turn an Argument Into an Assault Case

Labor Day gatherings can also involve crowded homes, alcohol, family disagreements, and conflicts that escalate faster than anyone intended.

When tempers rise, walking away is almost always the better decision.

An accusation of assault or family violence can result in an arrest even when the people involved later disagree about what happened. These cases can affect employment, firearm rights, professional licenses, family relationships, and future background checks.

If an argument is getting out of control, leaving the situation before it becomes physical is often the most important decision a person can make.

What Should You Do If You Are Stopped by Police?

If you encounter law enforcement, remain calm and respectful.

Do not physically resist an officer, even if you believe the stop or arrest is unlawful. The legality of police conduct can be challenged later in court.

You generally do not help yourself by arguing your entire case on the roadside.

You are required to provide your license, proof of insurance, name, date of birth and address. You have the right to remain silent, and you have the right to speak with an attorney. If an officer asks you to step out of your car, you do not have a right to refuse. You do NOT need to answer questions like, where you are coming from/going to, time of first drink/last drink, what you ate as these answers can be used against you.

What happens during the first few minutes of a police encounter can become important evidence later. Body-camera footage, dash-camera video, statements to officers, field sobriety tests, searches, and other evidence may ultimately determine whether the State can prove its case.

If You Are Arrested, The Case Begins Immediately

One of the biggest mistakes people make after an arrest is assuming that nothing important happens until the first court date.

Evidence can disappear. Video can be overwritten. Witnesses can become harder to locate. Administrative deadlines may also arise separately from the criminal case.

In a DWI case, for example, the driver’s license consequences can involve a separate administrative process from the criminal prosecution.

Early investigation allows a defense attorney to begin evaluating the evidence while events are still recent.

Doing Well by Doing Good

At David Smith Law Firm, we believe in doing well by doing good.

For us, that means success as a law firm should come from doing meaningful work for people who are often facing one of the most stressful moments of their lives.

Criminal charges can affect someone’s freedom, career, family, reputation, and future. Every person accused of a crime deserves to be treated fairly, to have the evidence against them scrutinized, and to have someone willing to hold the government to its burden of proof.

That principle does not change because it is a holiday weekend.

Enjoy the Weekend. Make the Decision You Will Be Glad You Made on Tuesday.

Spend time with your family. Fire up the grill. Watch football. Head to the beach or lake. Enjoy Houston.

But plan ahead.

Do not drink and then drive. Do not let an argument become physical. Think carefully about what you are carrying in your vehicle. And if something does go wrong, do not assume an arrest automatically determines the outcome of the case.

If you or someone you care about is arrested during Labor Day weekend, David Smith Law Firm, PLLC represents people accused of criminal offenses throughout the Houston area, including Harris, Fort Bend, Brazoria, Galveston, and Montgomery Counties.

Criminal Defense When It Matters Most

David Smith Law Firm, PLLC
Houston Criminal Defense Attorneys
713-769-5000
www.davidsmith.law

David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization.