Do I have to do the Breath Test?
By now you have probably heard that you don’t have to blow or give a breath test. This is 100 % true. It may result in a longer license suspension than if you took the breath test and failed (180 days versus 90 days), however it is many times in the person’s best interest to refuse the breath test or blood test if offered. There is no reason to give the police any evidence that may later be used against you.
Do I have to do the Field Sobriety Tests, or Roadside Tests?
NO. Absolutely not. The police officer will not tell you this. He will try and lead you to believe that you must perform the tests. You are entitled to refuse these tests. (I would suggest doing so in a very polite and respectful manner). You are under no obligation to do these tests. You do not have to provide ammunition to the prosecution.
Do I need a lawyer to represent me, or can I handle it myself since its just a DWI?
You absolutely want a criminal defense attorney, and not just any attorney, but one that devotes a large percentage of his or her practice to DWI defense. DWI law is some of the most complicated and technically demanding in the field of criminal defense. You need someone that has handled hundreds of these cases, knows how to evaluate them, understands the science behind them, and is aggressive in fighting them.
But I can talk to the prosecutor and save myself a lot of money and an attorney is just going to take my money and have me plea guilty, so why not handle it myself?
A DWI or DUI conviction can have life long consequences. A DWI conviction can cost you up to $2000 in fines plus up to $6000 in fees to keep your drivers license!! A conviction will stay on your record for the rest of your life and a third DWI conviction faces mandatory jail time up to ten years in prison. Don’t take chances with your future.
How do you defend a DWI?
Each case is different and has its own set of unique facts. First, we examine the legality of the traffic stop.
- Was there a reasonable suspicion to detain you?
- Was there a good reason to conduct a DWI investigation in the first place?
- Did the officer follow the law and proper DWI protocols.
- Did the police officer properly administer the field sobriety tests?
- Did he properly grade the field sobriety tests?
- Did he lawfully request a breath or blood sample?
- Were all those procedures correctly followed?
- Was the blood sample properly preserved?
These questions are just a starting point for an experienced DWI defense attorney
If I failed the breath test or blood test then I may as well just plead guilty, right?
Absolutely not! You need an experienced attorney to answer all of the questions above to just get started. If the police made mistakes along the way we may be able to have the results of those tests completely thrown out.
What does .08 Blood Alcohol Content really mean?
It means that for every 210 milliliters of breath (or 100 milliliters of blood or 67 milliliters of urine), there were 0.08 grams of alcohol present. In Texas 0.08 is the per se intoxication amount. This means that if the State can prove beyond a reasonable doubt that your blood alcohol content was 0.08 or greater at the time you were driving you are guilty. There are ways to fight this in court, but it almost always requires someone experienced in DWI law and trial techniques.