Stephenville DWI Attorney
Protecting Your Driving Privileges in Texas
Tragically, the state of Texas has recently received a growing negative reputation for its high number of accidents that occurred while at least one driver was intoxicated. In 2017 alone, the National Highway Safety and Traffic Association (NHTSA) discovered that around 16,800 drivers that year were found to be involved in a crash because they were drunk. Understandably, this has led Texas officials to increase their vigilance on intoxicated drivers.
However, their overly zealous attempts have sometimes cost innocent people their reputations, jobs, relationships, and a long and prosperous life. This is because the crime of driving while intoxicated (DWI) has severe, long-lasting consequences.
An unjust DWI arrest will have a devastating impact on your legal record and personal identity. Get in touch with our empathetic Stephenville DWI lawyer, and let the Law Offices of Brady L. Pendleton advocate for your rights.
What Does DWI mean, and How is it Different From DUI?
DWI stands for "Driving While Intoxicated", DUI, on the other hand, stands for "Driving Under the Influence." They are both considered to be a criminal offense that refers to driving a motor vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired. DWI is commonly used in some states, including Texas, New York, and Minnesota.
While the specific terminology may differ depending on the state, both DWI and DUI are serious offenses that can result in significant legal penalties, it is important to get a DWI attorney to represent your best interests.
DWI Breath & Blood Tests in Texas
In addition to Standardized Field Sobriety Tests, police officers often demand drivers to offer up a breath or blood sample. In the breath test, a breathalyzer will test the chemical makeup of your breath, assuming that taking a sample of the “deep lung” or alveolar air will directly correlate to the percentage of alcohol in your bloodstream, which is not necessarily true for many people.
Some people retain far more breath alcohol than is actually present in their blood. A blood test is supposed to be more accurate since it determines the actual percentage of alcohol in your bloodstream, but even these tests can be botched and create false positives.
What are the BAC Limits in Texas?
It is important to know the Blood Alcohol Content (BAC) limits within the state of Texas. There are just three categories that your charge could fall into. Depending on your age and the percentage of your BAC, you could incur stricter penalties.
The three prospective laws regarding BAC violation in the state of Texas are:
- If you are over the age of 21, and you are a non-commercial driver, the legal alcohol limit in Texas is .08%.
- If you are over the age of 21, and you are a commercial driver, then the legal alcohol limit in Texas is lower, at .04%.
- If you are under the age of 21, then the legal alcohol limit in Texas is at its lowest limitation level, at .02%.
DWI Standardized Field Sobriety Testing in Texas
When an officer of the law thinks that a driver is behaving in an intoxicated manner, that official will usually ask the driver to take something known as a field sobriety test. The information provided by the National Highway Traffic Safety Administration (NHTSA) demonstrates that the Standardized Field Sobriety Test is composed of three distinct tests.
These three field sobriety tests which are designed to determine intoxication levels include:
- The horizontal gaze nystagmus test (HGN)
- The walk-and-turn
- The one-leg stand
Administrative License Review Hearings
You are allowed to refuse any test which the police officer demands of you. In many instances, people might have medical conditions or mental, emotional, or physical contexts that would falsely represent their actual alcohol content level. However, even though it is entirely within your right to refuse, officers often retaliate by suspending your license under an Administrative License Revocation or Suspension.
The consequences of this are severe since you cannot even travel to the supermarket for essential needs when your license is suspended. Immediately contact our criminal defense lawyer at the Law Offices of Brady L. Pendleton for help with an administrative hearing to help fight this suspension.
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