In order for a driver to be convicted of driving while intoxicated, it is necessary for the state to prove that the driver was publicly operating a vehicle while they were under the influence of drugs or alcohol. Under Texas law, DWI means that a person was driving while they were not in their proper mental senses and they did not have proper control over their body. A driver can also be charged with DWI even if they were not visibly intoxicated, but their BAC was above 0.08%.
It is possible that a person has been falsely arrested and accused of DWI by an officer. If this is the case a person should do everything in their power to have their name cleared. DWI penalties are not light and no one should have to face them when they are innocent. A DUI lawyer in Houston, Texas can help a person prove that they are innocent by presenting relevant defenses to the state depending on a person’s specific situation.
It is not uncommon for officers to wrongly arrest a person based on false judgment on their part or due to their devices not working properly and giving a false reading. The good news is that the state can not press charges unless the officer has solid evidence of a person being intoxicated while they were driving.
Do I have to answer all the officer’s questions when I’m pulled over?
When a person is pulled over by an officer, they are only required to hand over their license and give their name and date of birth. Apart from that, they are not required to give any more information to the officer. In Texas, drivers can even refuse to do the field sobriety tests if the officer asks them to perform them. It is always a good idea to refrain from doing these tests because they are overall difficult tasks to perform and can end up making a person appear drunk even when they are not.
If an officer believes a person truly is drunk, they will issue them a ticket and revoke their driver’s license on the spot. A person has 15 days starting from the day of the arrest to apply for an Administrative License Revocation (ALR) hearing. Through this hearing, a driver will be able to try and get their driving privileges back again. A DUI attorney will be able to assist a person in the application process and can help them speed up the process so that they are not left waiting.
If a person gets into an accident while they are DWI their case will be taken a lot more seriously by the state. When a driver is drunk and they are involved in a car crash, it is automatically assumed that they are liable for the accident. An attorney can help clear a person’s name and reduce their penalties by collecting evidence to prove that the other party had also been acting negligently so the accident was not entirely the fault of the drunk driver.