When it comes to dealing with charges involving DWI, or driving while intoxicated, in the city of Austin, as well as anywhere in the state of Texas, this is a matter that is considered to be extremely serious and can result in equally serious consequences for those who are charged with this. Perhaps the best way to help fight these charges is to ensure that you obtain the services of an experienced DWI attorney, who will be able to help you build a more solid defense.
Here are four of the most frequently asked questions regarding DWI in Texas.
*What is the Difference Between DWI and DUI in the State of Texas?
Generally defined, DWI stands for driving while intoxicated (as previously stated), while DUI stands for driving under the influence. A DWI is an offense that can be charged against a driver, even those under the age of 21, who is found to be intoxicated with a blood alcohol level above .08%, while a DUI is an offense that can be charged against a minor who is found to have “any detectable amount of alcohol” in their system while they are operating a motor vehicle.
*Should You Agree to Perform a Field Sobriety Test?
The simple answer to this question is no, as per Texas state law, no driver is legally required to perform a field sobriety test. Technically, these tests are only meant to challenge an individual’s abilities to perform tasks that are both physical and mental all at the same time, tests which can be difficult in the event that an individual has difficulties with balance or physical tasks. While the decision to perform a field sobriety test is yours alone, keep in mind that failing it can end up serving as probable cause for an arrest, and the videotaped evidence of the test itself can also be used against you in court.
*Will Your DWI Arrest Stay on Your Record?
This will depend solely on the facts regarding your case, as well as the final outcome. This means, ultimately, that you could potentially have the record of your DWI arrest sealed from public release or even erased completely thanks to expungement. In the event that you are eligible for expungement, this means that your arrest record can be completely erased, essentially giving you a clean slate. Regardless, you will need to ensure that you obtain the services of an experienced DWI attorney in order to make sure that your specific case is handled correctly so that your record is kept clean.
*Can Your License Be Automatically Suspended After a DWI Arrest?
The simple answer to this question is no. Just because you are arrested for a DWI, your driver’s license will not automatically be suspended. On the other hand, Texas state law features an implied consent law, which mandates that all drivers must submit to either a breath test or blood test in the event that they are suspected of driving while intoxicated. If a driver refuses to submit to either test, then their driver’s license can potentially be suspended as a result, which is commonly referred to as an administrative license suspension. Typically, this is only done if a driver refuses to take a breath test or blood test when requested to do so by law enforcement or if either test was performed and a driver’s blood alcohol content was .08% or higher.
Contact Gabriella Young for a FREE Consultation to answer any questions regarding a DWI.