DWI
What should I do if I have been stopped by a police officer for driving while intoxicated? (DWI)
Most people do not know their legal rights if stopped for DWI, nor do they know how to respond to a police officer questioning them concerning a DWI investigation. Most people want to cooperate, they think it will help, the truth of the matter is that once an officer suspects you are intoxicated, he is gathering evidence against you. The entire stop is being video and audio recorded. Anything you say may be used as evidence against you in a trial for DWI. So it is best to remain silent. Remember if you are talking you can later be accused of slurred speech or giving excited answers, confused and incoherent speech. These are all signs of intoxication.
The officer will ask you if you will submit to a breath test. I would not take the breath test. It will not help you. If there is no breath test, then at the time of trial it will be your word and any witnesses in your favor against the police officer with regard to intoxication. If you take the breath test and fail the breath test then you will have to overcome the police officer's testimony and the breath tests results. The truth is, if you have been stopped, and the officer suspects you are intoxicated, you're probably going to jail whether you take the breath test or not. The officer is not going to let you go. Nothing you say or breathe into is going to stop the officer from arresting you. Since you are going to jail why give the State any evidence to help convict you. Don't do any field sobriety tests because again, you are being videotaped and any swaying or imbalance by you may be a sign of intoxication and can be used against you at trial. It is important to know that refusing and/or submitting to a blood or breath test in Texas also carries penalties. They are as follows:
Periods of Suspension:
ADULTS:
Refused to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance (Tex. Transp. Code Ann. Ch. 724):
180 DAYS
First Offense
2 YEARS
If previously suspended for failing or refusing a breath or blood test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.
Provided a specimen of breath or blood with an alcohol concentration of 0.08 or greater following an arrest for an offense under Section 49.04, 49.07 or 49.08, Penal Code, involving the operation of a motor vehicle (Tex. Transp. Code Ann. Ch. 524):
90 DAYS
First Offense
1 YEAR
If previously suspended for failing or refusing a breath or blood test orpreviously suspended for a DWI, Intoxication Assault or IntoxicationManslaughter conviction during the 10 years preceding the date of arrest.
MINORS (UNDER 21 YEARS OF AGE):
Refused to provide a specimen or specimens of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol or while under the influence of a controlled substance (Tex. Transp. Code Ann. Ch. 724):
180 DAYS
First Offense
2 YEARS
If previously suspended for failing or refusing a breath or blood test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.
Provided a specimen of breath or blood with an alcohol concentration of 0.08 or greater or a detectable amount of alcohol following an arrest for an offense under Section 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle (Tex. Transp. Code Ann. Ch. 524):
60 DAYS
First Offense
120 DAYS
If previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle.
180 DAYS
If previously convicted twice or more of an offense under Sections 49.04, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle.
Were not requested to provide a specimen of breath or blood following an arrest for an offense under Section 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle, as the presence of alcohol was detected or measured by other means (Tex. Transp. Code Ann. Ch. 524):
60 DAYS
First Offense
120 DAYS
If previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle.
180 DAYS
If previously convicted twice or more of an offense under Sections 49.04, 49.07 or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, involving the operation of a motor vehicle.
COMMERCIAL DRIVER LICENSE (CDL) HOLDERS:
Pursuant to Tex. Transp. Code Ann. Chapter 522, your commercial driving privilege will be disqualified for one year (three years if transporting hazardous material required to be placarded) if you refused to submit to a test under Chapter 724 to determine your alcohol concentration or the presence in your body of a controlled substance or drug while operating a motor vehicle in a public place; or if an analysis of your breath or blood under Chapter 524 determines that you had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place. Under any circumstances, however, the person is entitled to a hearing regarding the suspension of his or her license. The request for a hearing must be received by the Texas Department of Public Safety no later than 15 days after you receive or are presumed to have received notice of suspension. Failure to request a hearing within this time period is a waiver of you right to a hearing.
The Penalties of DWI in Texas are as follows:
- First offense (Class B misdemeanor): A first offense conviction includes a fine not to exceed $2,000.00 and/or the possibilities of serving jail time from 72 hours to 180 days and driver's license suspension.
- Second Offense (Class A misdemeanor) A conviction includes a fine not to exceed $4,000.00 and/or the possibilities of serving jail time from 30 days to 1 year and driver's license suspension.
- Third offense (Third degree felony): To include a fine not to exceed $10,000.00 and/or 2-10 years in prison.