# Why Evading a DWI Arrest Makes Things Worse | TadLaw If you are driving and a police officer signals for you to pull over on suspicion of a possible DWI, you need to remember two things. First, you do not have to answer any questions about where you were or what you were doing. Second, running away will only make things worse. Keep in mind, evading arrest is itself a crime in Texas. Under [Section 38.04 of the Penal Code](https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm#38.04), you can be charged with a state jail felony if you use your car to intentionally flee from a person you know is a police officer, and who is attempting to lawfully arrest or detain you. So even if you manage to beat a possible DWI charge, you could still face significant jail time for the act of trying to avoid arrest. ## **Texas Man Receives 40-Year Drunk Driving Sentence After Trying to Run from Trooper** For that matter, trying to flee the police will not help you defend against a DWI charge. Even if a police officer does not directly observe you operating a vehicle while intoxicated, a jury can still infer such activities occurred based on circumstantial evidence. A recent decision from a Texas appeals court, [*Espinoza v. State*](https://accounts.google.com/v3/signin/identifier?continue=https%3A%2F%2Fscholar.google.com%2Fscholar_case%3Fcase%3D3910514845866516181&dsh=S606113456%3A1779428290444662&hl=en&flowName=GlifWebSignIn&flowEntry=ServiceLogin&ifkv=AWa2PatXfAQYm8cha6vszgFiPMroDjETHiotWL14-WI_leW_ilr5LUfWgfBGyhffzg_8Tc7PKu2J4w/), provides a cautionary example. In this case, a Texas Department of Public Safety trooper observed a vehicle speeding. The trooper decided to follow the vehicle and initiate a traffic stop. The trooper activated his lights and siren. But instead of pulling over, the driver turned onto a dirt road, which kicked up dirt clouds that obstructed the trooper’s view. The trooper followed the tire tracks in the dirt to an abandoned barn. The defendant found the vehicle he had been following. There was nobody inside. But there was a person–the defendant in this case–hiding in the barn. The trooper asked the defendant if there was anyone else in the barn. The defendant replied, “no, sir.” The trooper then asked the defendant why he was speeding. The defendant said, “I messed up. I was hauling a** and you were pulling me over.” The state charged the defendant with DWI and evading arrest. The jury found him guilty on both counts. Due to the defendant’s prior convictions for other offenses, he received a 40-year prison sentence. On appeal, the defendant argued there was insufficient evidence to convict him of DWI since the trooper never actually saw him inside of a vehicle during their encounter. The Court of Appeals rejected this argument and upheld the defendant’s conviction. The appellate court noted the jury was allowed to “make reasonable inferences from circumstantial evidence.” Specifically, the jury could infer the defendant had been driving the abandoned vehicle the trooper found near the barn where the defendant was the only other person present. More to the point, there was the defendant’s own admission that he “messed up” and was “hauling a**” to avoid arrest. Combined with the results of the defendant’s post-arrest Breathalyzer test–which showed he had a blood-alcohol level more than twice the legal limit–the Court of Appeals was satisfied there was sufficient evidence to support the jury’s verdict. ![Attorney Tad Nelson Board Certified In Criminal Law - Why Evading a DWI Arrest Makes Things Worse](https://tadlaw.com/wp-content/uploads/2023/07/Attorney-Tad-Nelson-Board-Certified-in-Criminal-Law.webp) ## Facing Drunk Driving Charges? For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today ### **Contact a Houston DWI Lawyer Today** Again, the two key lessons here are (1) never run from the police and (2) if you are questioned, exercise your right to remain silent. And if you are placed under arrest and need legal advice and representation from a qualified Houston DWI and drunk driving attorney, [contact Houston DWI Lawyer Tad Nelson & Associates](https://tadlaw.com/contact-us/) today to schedule a free consultation. Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started DWI Blog Posts: [DWI Blood Testing and Texas Law DWI In a recent post, we discussed the exigent circumstances exception for warrantless blood-alcohol testing currently being considered by the U.S. Supreme Court....](https://tadlaw.com/blog/dwi-blood-testing-and-texas-law/) [Texas Ceremony Honors DWI Officers DWI Texas readers who question whether local authorities are investing more time and money into drunk driving enforcement efforts need only read about...](https://tadlaw.com/blog/texas-ceremony-honors-dwi-officers/) [Texas District Attorney Arrested for DWI DWI Government or public figures implicated in a scandal may take a variety of approaches. 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