When it comes to DWI laws in the state of Texas, it can often be difficult to understand exactly what the facts are, especially if you‘re in the unfortunate position of facing this kind of serious charge for the very first time in your life.
Here are five of the most common questions involving laws of driving while intoxicated in Texas.
“What exactly does DWI stand for?”
*Generally defined, DWI stands for “driving while intoxicated.” Texas state law defines intoxication as “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 (b) having an alcohol concentration of .08 or more.” When it comes to alcohol concentration, this is defined as being either the total number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
“What happens when someone is pulled over in the state of Texas for DWI?”
*In the event that something like this occurs, it will begin as if it was a normal traffic stop. This means that the police officer will pull you over and ask to see your driver’s license and vehicle registration. If the officer suspects that you have been drinking, they will ask you. Once this happens, the officer will then ask you to exit your vehicle, at which point you will then be requested to begin performing field sobriety tests.
“Am I required to tell an officer if I have been drinking?”
*The simple answer to this question is no. You are not required to tell an officer anything besides your name and your date of birth. You may also choose to simply just hand them your driver’s license. Once this has been done, you legally do not have to say anything else to them.
“Am I required to perform the standard field sobriety tests?”
*The simple answer to this question is no. Typically, there are three parts to these tests: HGN, walk and turn, and one leg stand. Many times, one or more of these can be difficult to do, especially if you‘re someone who has never practiced them before. They can be even more difficult to do if you‘re nervous in this specific type of situation. What’s even more stressful is the fact that even if you haven’t been drinking, attempting to perform these tests can make it look as though you‘re drunk.
“Can a DWI conviction always remain on my record?”
*There is the distinct possibility that this will be the case. In the event that you are convicted of a DWI, there is the chance that you could be eligible for a nondisclosure. Furthermore, a conviction could also prevent you from obtaining a good job, and even worse, if you were convicted as a juvenile, not only could you be prevented from participating in any extracurricular activities, but you could also potentially be prevented from getting into the college that you want to go to.
Contact Gabriella Young for a FREE Consultation to answer any questions regarding a DWI.