Driving drunk is against the law, and the punishments can be very severe. Just having one drink and driving can lead to a DWI arrest. All that a police officer needs to initiate a DWI investigation is the presence of the odor of alcohol coming from your breath or person. The tests that police administer to detect intoxication are designed for the average person to fail. Don’t try to be a hero when it comes to your DWI case. I am equipped and ready to take on the police, the Texas Department of Public Safety, the district attorney, and the judge for you!
Driving While Intoxicated
- Driving while intoxicated is the operation of a motor vehicle without the normal use of mental or physical faculties.
- In Texas, if your blood alcohol content is determined to be at a level .08 or above, you are considered to be intoxicated.
- A DWI 1st is generally charged as a Class B Misdemeanor (up to 6 months in jail and a $2,000 fine). However, depending on the severity of the blood alcohol concentration in the body, a DWI 1st may be charged as a Class A Misdemeanor (up to 1 year in jail and a $4,000 fine).
- A DWI 3rd or more is a 3rd Degree Felony (up to 10 years in prison and a $10,000 fine).
What Does Mandatory Blood Draw Mean?
- The Texas Transportation Code authorizes law enforcement to take a person’s blood without a search warrant and against the person’s will if an accident that causes serious bodily injury, or causes a person to go the hospital results from drunk driving.
- In addition, if it can be shown at the time of arrest that you been previously convicted of DWI twice, law enforcement may draw your blood without a search warrant against your will.
Right To Refuse!
- You have the right to refuse any DWI test! That means you can refuse to take a field sobriety test, a breathalyzer, or a blood sample to detect intoxication.
- The Texas Transportation Code that authorizes mandatory blood draws has been declared unconstitutional if the mandatory blood draw is not applied within the parameters of the Fourth Amendment of the United States Constitution that protects citizens from unreasonable searches and seizures.
- If you do not refuse, you will lose your right to challenge whether or not the police obtained your blood illegally.
- Even though the police may take your blood against your will, the fact that you refuse consent will preserve your right to challenge the police obtaining your blood illegally in what is called a Motion to Suppress Evidence.
- If you had a needle jammed into your arm against your will for a mandatory blood draw, there is a good chance that the police may have obtained your blood illegally!
Consequences of DWI Conviction
You may be placed on probation for several years, required to go to alcohol counseling, required to have a camera ignition interlock, pay a fine, and complete hundreds of community service hours.
Before you think about pleading guilty to a DWI, call us for a free consultation! Don’t assume that just because your blood was taken, or that you had a couple of drinks with dinner, that we cannot WIN your case!