It is a sad fact that our great state of Texas leads the nation in drunk driving fatalities. Driving while intoxicated (DWI) is a serious offense that carries both criminal and civil penalties. But just because you’re arrested doesn’t mean you should plead guilty. An experienced DWI defense attorney can help have the charges against you reduced or dismissed.
Texas DWI Laws
A driver can be arrested for a DWI if his blood or breath alcohol concentration (BAC) is 0.08 or higher. A driver can also be arrested, regardless of his BAC, if his driving is impaired due to alcohol or other drugs, such as marijuana, cocaine, or even prescription or over-the-counter medications.
Contrary to what you may believe, if you are pulled over for a suspected DWI you do have the right to refuse to submit to a breathalyzer or blood test. However, the refusal is not without consequences – there is the potential that your license could be suspended for up to 180 days for a first DWI. If you refused the breathalyzer or blood test, or if you took it and failed, we will immediately request an Administrative License Revocation hearing. If requested within 15 days of arrest, your license will be valid until a decision is entered at the hearing. Depending on the outcome of the hearing, your license may or may not be suspended.
Fighting a Blood or Breathalyzer Test
If the results of the blood or breathalyzer test show that you had a BAC of 0.08 or higher, it does not mean your case is over. There are many factors that could cause the results of the blood or breathalyzer test to be tossed out of court. These may include:
- Officer’s failure to have reasonable suspicion to pull you over;
- Faulty administration of the breathalyzer test;
- Errors in the testing procedure or reading of the results;
- Medical conditions, such as hypoglycemia, diabetes or heart disease, or even being on a low-carb diet, which increase acetone levels in your breath and may result in a false breathalyzer result, or;
- Anxiety (a common reaction to being pulled over), which may also increase acetone levels in your blood.
Recognized Experience in Texas DWI Defense
The Collin County DWI attorneys at Rosenthal & Wadas, PLLC utilize a “think tank” approach to their defense of all DWI charges. Throughout the lifetime of your case, beginning at arrest and ending when a verdict is reached, up to five of our experienced DWI attorneys will collaborate on your case to ensure that no possible defense strategy is overlooked. Every one of our DWI attorneys is certified by the National College for DUI Defense, an honor bestowed on only a chosen few who have proven vast skill and superior knowledge in DWI defense.
Collin County DWI Defense Attorneys Fighting for You
If you have been arrested and charged with a DWI, do not delay in contacting a Collin County DWI attorney at Rosenthal & Wadas, PLLC. There are many actions that can be taken to preserve your ability to drive and to get the results of a blood or breathalyzer test thrown out, but time is of the essence. If you live Collin County or the surrounding area, call our office today at 877.538.8640, or complete our online web form, to schedule your free initial consultation.