That is correct some states like Iowa and Minnesota make a separate crime to refuse the breath test even if you are later found innocent of a DWI. Hopefully, we will never see the day that Texas makes refusing a breath test a crime.
If you need to talk with an attorney regarding your DWI case please contact our law firm (713) 242-1779 for a free consultation.
As a Houston DWI Lawyer I like to inform my clients of what to expect in a DWI case. I tell my client's that they need to be careful what they wish for in a criminal court case. For example, a lot of people want to avoid having the interlock installed in their vehicle by telling the court that they do not have a car. Typically, the court does not just take your word. The court asks our client if there is any vehicle in their home that they have access to use. Also, the court makes the person sign an affidavit stating they will not be driving any vehicle while they are on bond for their DWI case. The consequences of being caught driving under this scenario is severe. You could be arrested for driving while your license is suspended. If this is the case the Judge may revoke your bond, and the Judge may also refrain from granting you an occupational license in the future. Lastly, many courts will order our client to get the scram device installed if they claim that they do not have a vehicle to drive. Most people say "no problem" until they realize that it will cost them $12 a day or $400 a month to have this device. This is a significant amount considering that a DWI case may take from two to six months to complete.
If you have any question concerning your DWI case please visit our website at www.dwiattorneysinhouston.com or call us right now for a free consultation (713) 242-1779,
At the police station, I was turned over to an official "DWI Task Force" team (two officers). The first thing they wanted me to was the Field Sobriety Tests (FST). You know - walk the line heel-to-toe, like you see on TV. Other tests involve standing on one foot and counting to 30, and standing with your eyes closed and your head tilted back. I later learned that these tests are "divided attention" tests, designed to test your physical acuity, as well as your ability to follow directions, do two things at one time, etc. Why they use these tests I don't understand, because no accredited medical society endorses them, and even stone-sober people can't pass them. They don't tell you what you are being graded on. You do not know that, "Stand there until I tell you to start," means, "If you shift your weight or move even one muscle, I am going to put black marks all over your scored." The also don't tell you that you have a right to refuse to perform the tests. The whole thing is overwhelming, you're scared, in shock, and you're afraid to ask questions.
Next the officers asked me again to take the breath test. This time, I was allowed to sit and read information about it- specifically, what happens if you do or do not take the test. In Texas, if you take the test and fail, you loose your driver's license for three months. If you refuse to take the test at all, you lose your license for six months. IF you take the test and pass, you don't lose your license...but you can still be prosecuted for DWI, if the police think there is enough against you. A conviction cold mean losing your license.
With the printed information in front of me and time to think, I figured, "I don't think I'll fail the test but you never know. If I lose my license and can't get to work, I probably can afford to make it for three months. But, I can not afford to be off for six months." So I decided to take the test.
I "blew", as it is called, under the legal limit. I was elated! Until the officer looked at me and said two words- "reverse extrapolation," which means that they use mathematics to figure what your level is now and then figure the rate an average human metabolizes alcohol, and use that to say what they think your blood alcohol level might have been at the time you were driving. So, no. They were not going to let me go home.
The police officer then did some test on my eyes. You know- follow the moving pen with your eyes. He also took my pulse and blood pressure, and spent a lot of time checking my inner arms for needle tracks. The he asked if I would consent to a drug test. WHAT? Me suspected of illegal drugs? Well, I do not do any drugs, and I had no qualms about taking this test. But wait a minute! Many people I know do use marijuana and some of the people at the party were smoking. What if I had inhaled some of the smoke, and there was enough to test positive?
They said that something about the way my eyes moved was consistent with eye movements of people high on dope. Oh, "No Problem", I said, smiling again.
If you find yourself neeeding the help of a DWI Attorney in Houston please contact our law firm at (713) 242-1779 for a free consultation.
Since I have been a Houston DWI lawyer DWI checkpoints have been outlawed in Texas. That could be changing if a proposed bill becomes law. These checkpoints allow the police to stop anyone without having probable cause to check for the possibility that the driver is operating a motor vehicle while intoxicated. The proposed bill is unclear. For instance, what will be the system in place for stopping the vehicles, where will the checkpoints be located, and will the checkpoints be publicized like the bill suggests? Also, surprisingly, the police will not be asking for proof of insurance or a driver's license when they make the stops.
While the United States Supreme Court has found the checkpoints to be constitutional many states have found them to be unconstitutional. Even if the bill passes I am confident that it will be heavily litigated in Texas.
If you have any questions regarding your DWI arrest please call our law firm at (713) 242-1779 or (800) 724-1876 for a free consultation.
As I was waiting to talk to a judge I was noticing a newly licensed Houston criminal defense attorney take a DWI plea in a misdemeanor court and wondered if their client knew that they will be imposed a surcharge of $1,000 a year for the next three years from DPS for their conviction. This year I have had clients seeking an occupational license, but were not aware about this surcharge and not realizing that the court will not grant the license unless the fees are paid. A DWI attorney must advise their client of all the consequences.
Most importantly, a person may be arrested for driving with a suspended license if they do not pay the surcharges despite not being told by anyone. Thus, all misdemeanor judges should take the step and admonish everyone that is before them and going to plea guilty of DWI that a surcharge will be imposed by DPS.
If you are searching for a DWI Attorney in Texas please contact our law firm at (800) 724-1876 or visti our website at www.mmalaw.com.
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