Dallas, TX, April 28, 2021 (GLOBE NEWSWIRE) – “A first conviction from DWI in Texas is a Class B offense, but serious business. A conviction from DWI costs money in fines and other costs and increases your insurance premiums and may affect your employment situation. In Texas, the law does not allow you to get a deferred decision on a DWI. “John Helms, DWI attorney in Dallas.
If you got arrested for driving while rushing in Texas, you have likely already started looking for information about your legal rights. Understandably, you want to know how to handle your case in order to minimize the impact of the DWI on your personal and professional life.
Unfortunately, not all of the information you might stumble upon is accurate. Here are five DWI myths to be aware of.
1. You can only be charged with drunk driving if your BAC is .08 or higher
Under Texas law, the police have the power to arrest a driver if they believe the person is too impaired to drive safely. While the “legal limit” for blood alcohol concentration is 0.08, that does not mean that a BAC below the legal limit automatically means that a person is immune prior to arrest.
In fact, the police will arrest you before being asked to have a breath or blood test. The police usually use their own observations of your behavior, including the results of on-site sobriety tests, to determine if you are too impaired to drive.
From there, they can ask you if you are ready to take a breath or blood test, which you can decline. However, the police still have the power to take you into custody.
More fundamentally, if you have lost your normal physical and mental abilities, you can be convicted of a DWI, even if your actual blood alcohol level is unknown.
2. You can’t get arrested for DWI if you park your poison and sleep in
If you’ve ever felt too drunk to drive, you may have stopped and tried to sleep until you feel safe to move on. This is definitely more responsible than staying behind the wheel, but it won’t necessarily stop you from getting arrested for DWI.
The bottom line is you don’t have to be on the move to get a DWI. Simply sitting in your car can sometimes be enough for the police to consider you when operating your vehicle.
However, there are a few things that you should do to reduce your risk of a DWI if you decide to quit. You should always park in a parking lot instead of just stopping on the side of the road. You should also turn off the engine and remove all keys from the ignition. It can also be helpful to switch to the front passenger seat when you want to sleep. If you stay in the driver’s seat, try to stay awake and vigilant.
3. Breathalyzers don’t make mistakes
Many people believe that a breath test is the ultimate piece of harmful evidence for the police and prosecutors to use. However, this is simply not the case. There are several things that can cause inaccurate results, from improperly calibrating the machine to various health conditions.
It is even possible that something a person has recently eaten will discard the results of a breath test. In some cases, an experienced Texas criminal defense attorney can provide evidence that the police officer operating the machine has not been adequately trained to perform breath tests. This can result in the court repressing the evidence, which can result in a downgrading of the charge or even an acquittal.
4. Individuals charged with DWI should plead guilty in order to expedite their case
Just because you have been charged with DWI doesn’t mean the prosecution will always ensure a conviction against you. There are several ways to combat a DWI charge. However, you cannot build a defense if you plead guilty from the start.
Because of this, it is important to discuss your case with a Texas criminal defense attorney as soon as possible.
5. You must answer all police questions when you are stopped
It is normal to feel nervous and scared when the police stop you. Many people panic and offer unlimited information to the police. This can be extremely damaging for any future defense case.
If you are stopped by the police, you have the right to remain silent. They need to answer basic questions about your name, date of birth, and address, but don’t need to provide any information about where you have been or what destination you are traveling to.
On the other hand, it’s always a good idea to be respectful and polite to police officers. If you are confused, you can ask them to repeat a question or to slow down their questioning. Note, however, that you are under no obligation to provide anything other than basic identifying information.
Talk to a Texas criminal defense attorney about your DWI case
If you have been charged with DWI, it is important to discuss your case with a DWI defense attorney in Dallas. A drunk driving belief can affect just about any area of your life, including your personal relationships, your career, and even your ability to find accommodation. Don’t leave your future to chance. Talk to a Texas criminal lawyer about your options.