Operating a motor vehicle under the influence of alcohol or drugs is illegal. Should you be stopped, you will be asked to provide your driver’s license, vehicle registration and proof of insurance. Texas has an implied consent statute which means that if you refuse to provide a blood test or submit to a breathalyzer you will automatically have your right to drive suspended for up to 180 days.
Failing a Breathalyzer Test
One of the first things to remember is that before you submit to any chemical testing you should ask to contact an attorney. You have the right to discuss the ramifications of taking a test or refusing a test with your lawyer before taking the test. However, should you take the test without talking to an attorney and fail, there are some things you should know.
Intoxilyzer 5000 is the most common breathalyzer used in Texas. These machines require specific calibration and must be used by a trained operator. Just because you fail the breath test does not mean your La Porte DWI attorney cannot defend you. Instead, the results and accuracy of the test can be disputed because there are numerous issues which can impact the reliability of the results.
DWI Penalties in Texas
The penalties of a DWI conviction are harsh as well as costly. A first offense could mean you are facing a fine of up to $2,000 plus an additional $1,000 to $2,000 assessed annually for up to three years to maintain your driver’s license. You could also be facing jail time of up to six months for a conviction. Keep in mind, these are first-time offenders only. The penalties are more severe if you have been previously convicted.
DWI arrests where there was a child under the age of 15 in the vehicle are very serious and the penalties are severe. Chances are if a child was in the car, you will be facing Class A misdemeanor charges and you could be facing up to two years in jail as well as fines of up to $10,000. You could also lose your license for six months.
DWI charges should not be taken lightly, you need an attorney who will fight hard to have the charges against you dropped or reduced. If you have been charged with a DWI in Harris, Galveston or surrounding counties, contact Dale Paschall, Attorney at Law, a La Porte DWI attorney at 832-584-1988.