GALVESTON, TEXAS DWI LAWYERS
In Texas a person commits the offense of Driving While Intoxicated (DWI) if the person is intoxicated while operating a motor vehicle in a public place. A first offense of DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. If it is shown on the trial of an offense of DWI that at the time
of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days. If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Additionally, a Class B misdemeanor bears a fine of up to $2,000 and a Class A misdemeanor bears a fine of up to $4,000.
A person commits the state jail felony offense of driving with a child passenger if the person is driving while intoxicated and has a passenger in the vehicle that is younger than the age of fifteen (15) years old. If found guilty the minimum punishment is 6 months and the maximum punishment is two years in a state jail facility, and up to a $10,000 fine.
A person commits the third degree felony offense of driving while intoxicated if the person is driving while intoxicated and has two or more prior convictions for DWI (in Texas or other states). If found guilty the minimum punishment is two years and the maximum punishment is ten years in a prison, and up to a $10,000 fine.
If you have been arrested for DWI/DUI, you are likely experiencing a host of emotions. As the dust settles, you might be wondering if you were treated fairly, if the charges are accurate or how this experience will affect the rest of your life. Having a top-notch attorney on your side can protect your reputation, your driver’s license, and your future.
THE TEXAS 15 DAY RULE: What You Need to Know
If you are charged with a DWI in the State of Texas you should know that The State of Texas may take away your license even before you ever see the inside of a criminal courtroom. One of the laws that you must know is the15-Day Rule. Whether you refused to take a blood, breath or urine test or you took one of these tests and your result is 0.08 or greater, you have only 15 days to request a special hearing in writing to preserve your right to drive. If you do not do this, your driver’s license will be suspended.
Please read the following important facts. If any of them are in your DWI arrest, the 15-Day Rule applies to you:
- You took the breath test or a blood test and your blood alcohol content was over the legal limit of 0.08;
- You refused to take a breath or blood test;
- You tried to take the tests, but the police officer stated that you “refused”; or
- You were under 21 on the day of the arrest and your test result was .02 or higher.
If you have been arrested for a DWI, you need to act fast and call our firm today. A DWI/DUI arrest does not automatically mean that you will lose your license or receive inflated insurance rates or other penalties. We can often postpone or prevent a driver’s license from being suspended. Call Zendeh Del & Associates, PLLC TODAY to find out more information and we will help you keep your driver’s license (Contact Us)
If you would like more information about the Texas DWI 15 day rule please see the Texas Transportation Code Section 524. More information about suspension of a Texas driver’s license can be found at the Texas Department of Public Safety. You may also meet with us in person so our experienced Galveston County DWI lawyers can help you navigate this difficult process.
What to do if you are pulled over on the suspicion of driving while intoxicated
- Find a safe place to pull over
As soon as a cop decides to pull you over for on the suspicion of drunk driving (DWI / DUI), he starts making observations that he will put in his report. The report can have a significant impact on the outcome of both your criminal trial and your ALR driver’s license hearing. One of the first things the cop does is make a mental note of how you pull your vehicle over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report.
- Do not make any sudden movements
Police are trained to be cautious and to protect themselves. Police almost always approach a car from behind so they have a clear view and so the driver would have to turn completely around in order to shoot or attack them. Do not make any sudden movements and keep your hands on the wheel at 10:00 and 2:00.
- Be polite to the officer
When an officer pulls you over you are likely on video. Most police cars these days have dash-mounted video cameras and wireless police officer-mounted microphones. Know that everything you do or say will be on video, and that video will make or break your criminal and ALR driver’s license case. If you are rude or hostile, the officer is likely going to do everything possible to get you convicted, including write an incriminating report. Know that you are on camera, and that a jury will likely one day view your arrest video. How do you want to look to a jury?
- Do not answer any potential incriminating questions and do not lie.
Upon being pulled over on the suspicion for driving while intoxicated (DWI), you are required to give an officer your name, driver’s license, and proof of insurance. That is all. When an officer asks you if you have been drinking, kindly say, “I invoke my fifth amendment right against self-incrimination.” Do the same when the officer asks you where you were coming from, where you are going, if you are intoxicated, and any other questions.
- REFUSE ALL FIELD SOBRIETY TESTS.
You are not required to perform a field sobriety test. Field sobriety tests are not reliable indicators of intoxication. Field sobriety tests are set up for you to perform poorly. Most people cannot do a field sobriety test proper even when sober. Kindly, knowing you are on camera, refuse all field sobriety tests.
- Refuse blowing in a hand-held breathalyzer that the officer has on the scene.
Roadside breathalyzers are notoriously unreliable and there are countless ways to skew their results. Do not provide a roadside breath sample.
- If arrested, refuse blood and breath tests.
In Texas, you are not required to provide a breath or blood sample. Do not provide one. Kindly tell the officer, knowing you are on camera, that you respectfully refuse to provide a blood or breath sample.
- Once released, write down everything that you can remember about the night you were arrested.
The more notes you take about your arrest the easier it will be for your attorney to fight the charges against you.Include in your notes things like the following.
- What you were doing and where you were going?
- How much you had to drink?
- Did you ingest, intentionally or not, any drugs?
- How long was it after you drank or did drugs that you were arrested?
- How did the officer behave?
- What did you tell the officer?
- How many police cars were on the scene?
- How many officers were on the scene?
- Where were you when you were pulled over?
- Where and when, if at all, were you read your Miranda rights?
- If you provided a breath or blood sample, how long had it been since you had a drink?
- Contact the Galveston, Texas DWI / DUI attorneys at Zendeh Del & Associates, PLLC.