If you’re pulled over for driving erratically or in some otherwise suspicious manner and your blood alcohol concentration exceeds the legal limit, you can be charged with driving while under the influence (DWI). And the impact that the charge has on your future can be immense.
A better understanding of the charge of DWI in Texas and the legal limit that applies can help you avoid charges – or help you bring your strongest defense if you are charged. If you are facing a DWI charge, you shouldn’t wait to reach out for the professional legal counsel of an experienced Round Rock DWI defense attorney.
If Your Driving Is Affected
It’s important to note that you don’t have to be over the legal limit of .08 percent BAC to be arrested for DWI in Texas. If the officer who pulls you over believes that your driving has been negatively affected by alcohol, they can charge you with DWI even if you’re below the legal limit. This fact trips many people up.
The kinds of evidence that can speak to a motorist being negatively affected by alcohol include all the following:
Weaving in and out of the driving lane or having trouble staying in one lane
Accelerating or decelerating quickly or erratically
Braking erratically
Taking a turn abruptly
Driving with the headlights off at night
In other words, being over the limit isn’t the end of the story, but often, DWI cases hinge on the driver’s blood alcohol concentration.
Your BAC
The National Highway Traffic and Safety Administration (NHTSA) provides extensive information about the effects of BAC on drivers.
.08 Percent BAC
By the time your BAC reaches the legal limit of .08 percent, you can expect to experience a decrease in muscle coordination, which can affect speech, vision, balance, hearing, and reaction times.
This is in addition to having more difficulty detecting danger, having trouble controlling the speed of your vehicle and processing information accurately and experiencing impaired judgment, perception, self-control, memory, and reasoning. In other words, it’s a lot, and it doesn’t bode well in terms of driving safely.
.10 Percent BAC
With a BAC of .1 percent, driver’s exhibit clear losses in relation to reaction times and in relation to their ability to exercise control over their movements. Poor coordination, slurred speech, and slowed thought process are all evident at this level.
Additionally, motorists display a reduction in their ability to brake safely and effectively and to maintain appropriate positions in their driving lanes.
.15 Percent BAC
When a driver’s BAC reaches .15 percent, they can face an enhanced charge, and the losses they experience include all the following:
A decrease in muscle control
A serious loss in relation to balance
Significant impairment that interferes with the ability to control their vehicle, pay attention to the task of driving, and process auditory and visual information adequately.
Your Drink of Choice
BAC isn’t affected by what you drink but is, instead, the direct result of how much alcohol you consume. A shot of whisky or any other liquor, a 12-ounce beer, and a 5-ounce glass of wine all contain about half an ounce of alcohol, and they can all get you over the limit at the same rate.
Factors that Affect Your BAC
The number of drinks you have – and their strength – directly impact your BAC, but there are other factors that can also play a role. For example, the faster you drink, the higher your BAC will rise – as compared to what it would have been if you’d consumed the same amount of alcohol over a longer period of time.
Your gender can also play a role. Because women tend to have more body fat and less water per pound of weight, they retain more alcohol in their blood systems because fat doesn’t absorb alcohol as readily as other cells do.
Further, drinking on an empty stomach can boost your BAC. Absorption of alcohol slows when you have food in your system. Finally, your weight can also play a primary role in your BAC. The higher your weight, the more water there is in your system, and this lowers your BAC by diluting the alcohol you consume.
Your BAC is a complicated matter that can get you into serious legal trouble, and it is always advised to have the focused legal representation of a trusted Round Rock DWI defense attorney in your corner from the start.
The Breathalyzer
The way that the police establish that someone is over the legal limit is generally with a breathalyzer test – that they are certified to perform – right there on the side of the road.
When you get behind the wheel in Texas, you give implied consent to be tested for driving while intoxicated with a breathalyzer test – if the police have probable cause to believe you’ve been drinking, to begin with.
Probable cause loosely translates to being more likely than not. Ultimately, if the officer who stopped you did so because they saw you engaging in any of the practices that tend to indicate alcohol consumption, they likely have all the probable cause they need.
While you can technically refuse to take a breathalyzer test, it’s probably not going to do you any favors. To begin with, there is an automatic administrative license revocation that can seriously interfere with your life and your livelihood.
There are also instances in which the police can force you to take a breathalyzer. These include if you have a prior conviction on your record or if the charge relates to an accident in which you caused someone else to be injured.
DWI Charges in Texas
The State of Texas takes driving while intoxicated charges seriously, and you should do the same. The basics when it comes to DWI charges include all the following:
A first DWI offense is a Class B misdemeanor, which carries up to 6 months in jail – or probation – and fines of up to $2,000. Your license can also be suspended for up to a year, and you may be required to attend an alcohol counseling course.
A first DWI offense with a BAC of .15 percent or higher or a second DWI offense is a Class A misdemeanor, which carries from a month to a year in jail and fines of up to $4,000. You’ll also face a license suspension of up to two years, requirements regarding alcohol courses, and the mandatory installation of an ignition interlock device in your vehicle.
DWI with a child passenger is a state jail felony that applies if you were driving while impaired and had a passenger in your vehicle who was under the age of 15. A conviction brings up to two years in a state jail facility and fines of up to $10,000 – with the same requirements as above related to license suspension, alcohol courses, and ignition interlock devices.
A third offense is a third-degree felony, which comes with far more serious fines and penalties. These include a prison sentence of from 2 to 10 years and fines of up to $10,000. In addition to the alcohol course requirements, license suspension, and need to have an ignition interlock device installed in your car upon completion of your sentence, your right to possess a gun will also be suspended.
It’s important to note that additional state fines assessed upon sentencing are not included with those listed above.
Jail Time for a First Offense
While you certainly can get jail time for a first DWI offense in Texas, it is not mandatory. This means that, if you’re facing a DWI charge, it’s time to consult with a practiced Round Rock DWI defense lawyer.
The Social Consequences of a DWI
If you have a DWI on your record, you should know that it is a matter of public information, which means that it can seriously affect your future. To begin, your reputation can be tarnished, which can translate to lost opportunities. Additionally, your job prospects could be affected, and you could potentially lose your job. Further, any professional licensure you have could be void.
There is also the matter of your car insurance to consider. After a DWI conviction, you’ll be required to have SR-22 proof of auto liability insurance for at least two years, which means you’re required to carry increased coverage if you plan on reinstating your driver’s license. This is not to mention the fact that you can expect your car insurance premiums to skyrocket.
You could also run into trouble if you’re seeking further education. For example, it can be more difficult to obtain federal student loan funding. It can also be more difficult to gain acceptance to the school or program of your choice, and you may be denied the privilege of living on campus.
FAQ
Consider the answers to some of the DWI-related questions that we field most often.
I’ve been charged with DWI. What should I do?
If you’ve been charged with DWI, the most important step you can take is consulting with an accomplished DWI attorney as soon as you’re able to. After providing the officer who charged you with the necessary identifying information, it’s time to let them know that you’re invoking your right to remain silent and your right to a lawyer. This is the surest means of protecting your rights and effecting a favorable case resolution.
Am I going to jail?
If the charge is your first and there are no charge enhancements, there is a very good chance that you won’t face a jail sentence even if you are convicted. In order to help ensure that you avoid jail time, working closely with a dedicated Round Rock DWI defense lawyer from the outset is always to your advantage.
Is it worth fighting the charge?
Yes, it’s absolutely worth fighting the DWI charge. The fact is that the state will set the bar as high as it can – with as steep a charge as it can possibly muster – and if you take it on the chin, the penalties you face can be far higher than they should be.
Even if you’re convinced that you’re guilty, you have legal rights that you may not understand but that are well worth protecting. Discuss your case with a well-respected Round Rock DWI defense attorney today.
How reliable are breathalyzer tests?
Actually, breathalyzers are considered unreliable in many instances.
A seminal New York Times investigation found that these tests, which are considered a bedrock of the criminal justice system, are frequently unreliable. The investigation revealed that breathalyzers generate skewed results with alarming frequency, but at the same time, they are lauded by marketing campaigns that site their accuracy and precision.
In recent years, more and more breathalyzer results have been thrown out in DWI cases, which can make obtaining a conviction far more challenging. Your resourceful DWI defense lawyer will spare no effort in their quest to address any potential issues with your test, which can include each of the following:
Overly sensitive machines that yield results that are far too high
Inadequate machine maintenance, which can lead to inaccurate results
The use of stale or homemade chemical solutions that can directly affect test results
Errors in the testing device’s programming
The disabling of safeguards that are designed to ensure accuracy
Don’t Delay Calling an Experienced Round Rock Criminal Defense Lawyer
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable criminal defense attorney who is well prepared to unleash the full force of his imposing experience and legal skill in pursuit of your case’s optimal outcome, and he will spare no effort in the process.
We are on your side and here for you, so please don’t put off contacting or calling us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.