Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: allegations of intoxicated driving. Under Texas law, this offense is commonly (almost always) referred to as "DWI" or "Driving While Intoxicated". Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in in Texas, your blood alcohol content must be at or above the legal limit of .08, you have an illegal chemical substance in your system which has impaired your mental or physical faculties, or your driving abilities were otherwise impaired. The legal definition of intoxication, under Texas law, follows: 

"Intoxicated" means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

In Texas, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At Law Office of Anthony Ray Smith, an attorney will work hard to defend your DWI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact the office at 713-242-8917. Here are some of the most commonly asked questions from our clients when first meeting them about their criminal offense, arrest, or allegations related to driving while intoxicated.

What is “blood alcohol content” level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. 

What are my rights during DWI traffic stops?

If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights. Specifically, the driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and If you are arrested or detained, you have additional rights, including Miranda warnings. You can say you wish to remain silent and ask for a lawyer immediately. You are not required to consent to any tests or submit to any tests without a search warrant signed by a judge. If you believe your rights were violated in any way, remember those incidents and discuss with a lawyer immediately after your release.

Can I refuse a breathalyzer test in Harris or Galveston County?

You can refuse a breathalyzer test under Texas law. You are not required to consent to any tests or submit to any tests without a search warrant signed by a judge. A breath test are conducted by instruments police departments possess to test your breath for alcohol.

Refusal, however, carries certain consequences under Texas law. Those consequences depend on your jurisdiction, but you can expect any of the following:

• Your license may be suspended.
• You may still face a DWI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
• You may be fined.

Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.

What are standardized field sobriety tests (SFSTs)?

Standardized field sobriety tests (SFSTs) are tests derived from the approval of the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three SFSTs:

1. the Horizontal Gaze Nystagmus Test (HGN test)
2. the One-Leg Stand Test (OLS test)
3. the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. There are some non-standardized tests which may or may not be admissible as evidence.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test
• the coin pickup test

Can I refuse field sobriety tests in Texas? 

Yes, you may refuse SFSTs, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same repercussions as refusing a test to collect a specimen (breath or blood). 

After a DWI arrest in Texas, will my driver's license be suspended or revoked?

There are two different types of suspensions. The first is an administrative suspension, and many jurisdictions will suspend your license if you refuse a specimen test or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.

The other type of suspension occurs when you are convicted of an intoxicated driving offense.  Whether your driver's license will be suspended or revoked depends on your your BAC level, whether this is your first offense, and the disposition of the case following a plea or trial.

What happens after a drunk driving arrest in Texas?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DWI arrests result in two processes after an arrest: (1) the administrative license hearing (ALR Hearing), which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DWI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.

Can I still get auto insurance in Texas after a drunk driving conviction?

Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly. 

Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.

How are DWI Cases Defended in Texas?

It is possible to defend a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, and blood tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, an alleged DWI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a DWI defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.

Can I just plead guilty to drunk driving?

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a defense attorney in Harris or Galveston County, and there are multiple reasons for this.

1. If you plead guilty, you lose any opportunity to fight the DWI charge.
2. If you plead guilty immediately, you also lose any opportunity for plea bargaining, if that is what would be best in your unique circumstances. Admittedly, a plea means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
3. The sentencing is often harsher when given in response to a plea of guilty immediately, as opposed to what a later plea would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it's your first charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not defend the case, it will be on your record. Which would result in subsequent DWI convictions leading to harsher penalties.

Do I need a DWI lawyer in Texas?

If you defend your case, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DWI offenders do not have that kind of knowledge and skills.

Contact a DWI Defense Attorney in Harris County or Galveston County Today

The Law Office of Anthony Ray Smith knows the law and the technical, scientific make-up of field sobriety tests, blood tests, and breath tests. Additionally, Anthony knows how to identify and proactively address any constitutional rights violations or traffic stop issues to benefit your case. Contact the office today to handle your DWI case in Harris County, Galveston County, or surrounding counties at 713-242-8917 to schedule a free consultation and get immediate advice.