The Fertitta Law Firm —
Answering your Questions on Criminal Defense
How Does the State Of Texas define DWI?
What happens if I'm stopped?
What should I do if I am pulled over on suspicion of DWI or DUI?
How is Domestic Violence defined in the State of Texas?
What are the differences in juvenile prosecution and adult prosecution?
How Does the State Of Texas define DWI?
The legal limit for intoxication in Texas is .08 blood alcohol concentration (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas law allows for a citizen to be prosecuted for DWI/DUI without scientific evidence. The State can prosecute citizens under the theory that they have lost the normal use of their mental or physical faculties.
Texas also has a zero tolerance law. For anyone under 21, it is illegal to drive with any detectable amount of alcohol. How Much is Too Much? That is an individual standard. The State has a one size fits all standard. Gender, body weight, the number of drinks consumed and the amount of food in one’s stomach affect the body’s ability to handle alcohol. Women, younger people and smaller people, whether male or female, often have lower tolerances. The State will prosecute you without regard to any individual physical characteristics, or handicaps that you may have.
Punishment for DWI varies depending on the number of times you've been convicted.
What happens if I'm stopped?
Assume you are being videotaped from the moment the lights come on. Everything you say and do is being recorded. The officer is not asking you questions for your benefit. He is building a case against you. You have rights. You DO NOT have to perform Field Sobriety Exercises. If a law enforcement officer asks or tells you to take a blood or breath test to measure how much alcohol is in your system, you are NOT required by law to comply.
If you refuse, the State will attempt to suspend your license for 180-days. If you comply and fail they will suspend your license for 90 days and have scientific evidence with which to prosecute you. Why give them evidence? After they have already arrested you?
What should I do if I am pulled over on suspicion of DWI or DUI?
- Assume you are being video recorded.
- Ask why you are being pulled over?
- DO NOT perform any roadside tests. "THE LAW" does not require you to do any tests.
- Politely inform law enforcement that you decline the tests, on the advice of your lawyer. You may always ask to speak to your lawyer.
- Refuse to take any Blood or Breath Test offered by the Officers, ignore all threats made by law enforcement.
How is “Family Violence” defined in the State of Texas?
Your " Family" just got a lot bigger. Your family (as defined by state law) consists of your spouse, children, ex spouse, girlfriends, boyfriends, former spouses, anybody you have a child with (regardless of marital status).
If you are accused of assaulting any “Family Member” you can expect vigorous prosecution. Assault is an intentional act which causes physical harm or pain. A conviction for these types of offenses can cause many harmful results, such as forfeiture of right to guns, and enhancement to a felony for a second time offenders. It is imperative to engage an attorney as early as possible to minimize the impact to your life and lively hood.
What are the differences in juvenile prosecution and adult prosecution?
Juveniles are prosecuted under the Juvenile Family Code in Texas. Juvenile cases are handled in an entirely separate court system with specialized procedures. In theory, the State of Texas, wants to focus more on rehabilitation and less on punishment with juvenile offenders. The theory of rehabilitation is often disregarded and juveniles are pursued by prosecutors for maximum punishment. An experienced trial attorney can broker the best possible scenario for a youthful offender and reduce the impact of lifelong stigma by working to dismiss, minimize and seal juvenile records.
“NOT CERTIFIED BY THE TEXAS BOARD OF LEGAL SPECIALIZATION”
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