Q. What is the difference between DWI and DUI in Texas?
A. Under Texas law intoxication includes the introduction of alcohol, or a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body.
“Driving Under the Influence” or DUI in Texas is an offense that involves minors. It includes anyone under the age of twenty-one who operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. The key words are, “any detectable amount of alcohol.”
Q. What do I do if I am pulled over on suspicion of driving under the influence?
A. Ask the officer if you are free to leave. When the officer says no, your best answer iss: “Since I am under investigation, I refuse to answer any questions or perform any test without the presence of my lawyer. Remember be polite but be firm. Silence is golden—don’t admit you are intoxicated
Q. Do I have a right to an attorney when I am stopped for a DWI investigation?
A. In Texas, a person stopped for DWI does not have the right to an attorney initially. Texas law allows you to talk to an attorney after the initial investigation. Nevertheless, it is still a good idea to request an attorney when confronted with the decision of taking or refusing a breath, blood or urine test.
Q. Should I take the Field Sobriety Test?
A. It is essential to understand that the police’s role is to gather evidence against you. By performing a field sobriety test, you are helping the police gather evidence against you. Remember when denying to take any test be courteous and respectful towards the police officer.
Q. Should I take a blood, breath or urine test?
A. There is not a one-size fits all answer.Most attorneys agree that these tests are not completely accurate and therefore should not be taken. However, the answer may change when there is a “No Refusal” weekend.
Q. What is a “No Refusal” weekend?
A. A “No Refusal” weekend is when local law enforcement ensure that anyone who is arrested for a DWI submit themselves to a breathalyzer. If the suspect refuses to submit themselves to a breathalyzer is subject to a coerced blood draw. In other words, law enforcement will forcibly taking blood from suspects who refuse a breath sample.
Q. What happens if I refuse or fail to take one of these tests?
A. If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years, depending on the number of alcohol related contacts the person has had in the past. More importantly, whether you take a test, or you refuse one that the police offer, you only have 15 days after your arrest to request a hearing to fight to keep your license from being suspended. This is one of the reasons it is important to request a hearing before the State Office of Administrative Hearings to stop the Texas Department of Public Safety (DPS) from attempting to administratively (civilly) suspend your license. Again, calling an experienced DWI lawyer immediately after your arrest is important!
Q. Can my drivers’ license also be suspended if I am convicted of Driving While Intoxicated?
A. Yes, if a person receives a final conviction that person’s license may be suspended. The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year, unless the person is on probation and required to have an Ignition Interlock Device.
Q. Do Not Blow? What happens if I refuse or fail to take one of these tests?
A.Texas has an “implied consent” law, this means that a driver by virtue of driving on the roads and obtaining a license is deemed to have already consented to a field sobriety test. Nevertheless, someone who has been pulled over on a DWI suspicion may still be able to refuse. If the driver refuses, the refusal should be made politely and reference speaking to an attorney. Refusal to take any of the tests, most likely will result in being arrested and taken to jail in addition to any separate refusal based penalties. At times, the police officer will ultimately conduct a blood, breath or urine test, your choice, which may not be refused.
Many people prefer to refuse the field sobriety test under the theory that by the time they are booked, which may take several hours, the alcohol in their bloodstream will have decreased.
If you find yourself in the position of being arrested for a DUI, contact us, a Houston DWI Attorney, as soon as possible to determine your best options.
Q. What penalties can I face for a DWI conviction?
A. First OffenseConviction: is a Class B Misdemeanor which includes a fine not to exceed $2,000.00 and/or the possibility of jail time ranging from 3 days to 180 days, and a driver’s license suspension lasting anywhere between 90 to 365 days.
Second Offense Conviction: is a Class B Misdemeanor which includes a maximum fine of $4,000.00 and/or the possibility of jail time ranging from 300 days to one year, and a driver’s license suspension lasting anywhere between 180 days to 2 years.
Third Offense Conviction: is a 3rd Degree Felony which includes a maximum fine up to $10,000.00 and/or the possibility of jail time ranging from 20 to 10 years and a driver’s license suspension lasting anywhere between 180 days up to 2 years. here,
First Offense DWI with an open alcohol container: is a Class B Misdemeanor which includes the penalty referred to above. Additionally, if convicted you can face a minimum of 6 days in jail and a maximum fine of $2,000.00 than $2,000.00. (Class B Misdemeanor).
Intoxication Assault: is a 3rd degree felony when an accident occurs which causes serious bodily injury due to the intoxication. The penalty ranges from a minimum of 2 years to a maximum of 10 years’ incarceration and a maximum fine of $10,000.00. If death occurs it is a 2nd degree felony and the penalty ranges from a minimum of 2 years to a maximum of 20 years’ incarceration and a maximum fine of $10,000.00
If convicted with any of the above-mentioned offenses you may face jail time or probation. If you are given probation you are agreeing to report once a month to a probation officer, to not commit any other crimes during the probation period, payment of a monthly supervisory fee, performance of community hours, attendance in DWI awareness classes, abstention from consuming alcohol, payment of non-probated fines and court causes, submit to a breath test by law enforcement, installation of an alcohol ignition interlock device on your car, donations to M.A.D.D., to remain in the county of probation and any other requirement the court decides.
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