While it is not against the law to drive after having one or more drinks, it is against the law to drive after having lost the normal use of physical or mental faculties because of the introduction of alcohol, a controlled substance, a drug, a dangerous drug or any combination of these substances.
No. Believe it or not, the field sobriety tests will show evidence of intoxication even if you've had nothing to drink. The tests are activities that regular citizens do not normally perform. Inevitably, mistakes will be made. If the police officer is asking you to undergo these tests, he suspects that you are intoxicated. Any mistakes made, no matter how minor, will be considered evidence of intoxication and confirm what the officer already believes.
Do not perform any field sobriety tests or answer any questions. If the police officer says he smells alcohol on your breath, more than likely you will be arrested no matter how well you do on the tests. In most cases, the traffic stop, arrest and offer of a breath test will be videotaped. Therefore, it is important that you are on your best behavior. Do not curse at the officer, and be polite. However, when the officer asks you to perform tests or answer questions, tell him that you are unsure of your rights and you would like to consult an attorney before performing any physical tests or answering any questions. He may tell you that "at this point" you don't have the right to an attorney. Politely but firmly reiterate that you would like to speak with an attorney. Remember, you cannot be forced to answer any questions or perform any tests.
Generally, the answer is no, unless you've had absolutely nothing to drink. The Intoxylizer 5000 uses antiquated technology, which has been known to fail. It also can be tampered with to affect the results. In fact, one well-known law enforcement official refused a breath test because he feared the operator had a political agenda. You should refuse a blood test unless you've ingested neither alcohol nor drugs, even prescription medication. The blood test is designed to detect levels of both alcohol and drugs, which may affect your physical or mental faculties.
You may be intoxicated as a result of ingesting alcohol, drugs or any combination. Telling the police officer that all you've taken is prescription medication will not help your DWI case. If you tell the officer you've taken medication (assuming it is a type that affects physical or mental faculties), you are providing another piece of evidence to be used against you.
If you are 21 years of age or older and a breath or blood test shows an alcohol concentration of 0.08 or greater, the state will suspend your license for 90 days. If you refuse a breath or blood test, your license will be suspended for 180 days. The state imposes a longer suspension for a refusal in an attempt to encourage you to submit to a breath or blood test. Do not let that influence your decision. You likely will be entitled to an occupational driver's license, which allows you to drive to and from work and to perform essential household duties.
We can help you get an occupational driver’s license to allow you to drive during the period of your license suspension. We will take care of every step in the process of obtaining an occupational license. We will draft the petition, file the petition, and educate and prepare you for the hearing.
An ALR is an administrative license revocation hearing, which must be requested within 15 days from the date of your arrest. It is an opportunity to challenge the suspension of your driver's license. It is also important for two other reasons:
The ALR allows your attorney to obtain a copy of the police report and question the arresting officer under oath, an important step for evaluating the case for trial.
Requesting an ALR hearing delays the starting date of your suspension, which will allow you to hire an attorney and obtain an occupational driver's license. If you do not request the ALR hearing within 15 days, the suspension will begin 40 days following the arrest (or notice of suspension).
Whether jail time is an appropriate punishment for DWI depends on the facts of the case and the criminal history of the person charged. For a first-time DWI with no aggravating factors (e.g., extensive criminal history, accident, belligerent behavior), most defendants can expect probation. However, the punishment possibilities do include jail time.
If you are arrested and charged with a DWI or DUI, it is important to consult with an attorney as soon as possible. Obtaining legal help at the outset can make a significant difference in the outcome of your case. Call our Denton County law firm at (940) 591-1633 to learn how we can help. There is no charge for an initial consultation.
Tackett Legal, P.C. is a Texas Criminal Defense Law Firm representing clients in Denton, Frisco, Lewisville, Decatur, Carrollton, McKinney, Plano and Gainesville.