If you’re arrested for a DUI in Texas, hire a DUI attorney immediately. In many states, people are able to stand by themselves without the assistance of a lawyer if they have been arrested for drunk driving. The laws are easier to understand, and the penalties may not be as severe. As for those who are arrested in Texas for either driving under the influence (DUI) or driving while intoxicated (DWI), the penalties are great. Each of these is treated as a very serious offence, and prosecution is often swift with severe penalties. The difference is that with a DWI, chances are that your license will be suspended for a shorter amount of time than with a DUI. If you consider that your license will probably get suspended under either scenario, you are beginning to realize why it is imperative to have an attorney represent you if you are charged with a DUI / DWI in Texas.
In Texas, intoxication is defined legally as such: “Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body or having an alcohol concentration of 0.08 or more.” (Texas State Penal Code, § 49.0)
A DUI Attorney will tell you that unlike in other places, this means that your blood alcohol levels do not even have to be 0.08 for the officer to cite and arrest you for drunk driving. While 0.08 is still the legal limit officers have broad discretion in determining if you are actually under the influence or intoxicated regardless of how low your blood alcohol limit is. Conversely, if your blood alcohol levels are above 0.08, but you show no signs of being impaired by alcohol, you can still be arrested for drunk driving. The law gets extremely tricky, and while the broad discretion of the arresting officers is cause for pause, it is important to note that this also allows your DUI attorney to raise questions in a court of law about the validity of you being impaired.
For persons under the age of 21 there is no requirement of being impaired, the mere presence of alcohol in your blood can cause you to be charged with a DWI or DUI. If it can be proven that you have had a drink, you can be charged.
Once you have been arrested you will be taken to jail, and there asked to take a second Breathalyzer test, and potentially a blood test. Some people refuse to take these tests, which may be acceptable in other states, but is a violation of the Implied Consent law in Texas. Implied consent states that if you are operating a vehicle in Texas you are consenting to have your blood alcohol concentration tested by a police officer if he or she requests it. If you refuse to take the test, your license will immediately be suspended pending a hearing and for up to 180 days. If you do take the test and fail it, the results will be used against you in a court of law.
Going it alone and attempting to navigate around the DUI /DWI laws in Texas is not a good idea, and so it is always highly recommended to have an experienced DUI attorney to represent your best interests once your case goes to court.