Drunk Driving In Texas or DWI

1
Drunk Driving In Texas or DWI
2
As all drivers know, a DWI is not only dangerous
and often fatal it is also illegal in the United
States.
3
To combat this, officers will stop drivers
suspected of DWI.
4
The suspected driver then has to undergo a series
of tests to determine if they are indeed
intoxicated.
5
Once a driver is arrested for suspicion of
driving while drunk, the officer in the state of
Texas have the options of administering either a
breath or blood alcohol concentration test to
confirm that a suspected driver was indeed
driving while intoxicated.
6
Texas state law states that a blood alcohol level
of 0.08 is legally driving intoxicated.
7
In addition, the law states there is already an
implied consent, so refusal of such test is also
against the law.
8
If a driver arrested for suspected driving while
intoxicated refuses to take one of the required
tests the driver will have their drivers license
suspended for at least 90 days, and will have to
spend three days in jail.
9
If there is an open container discovered at the
time of the arrest the driver will have to spend
six days in jail.
10
This can also include a suspension of the
drivers license for up to 180 days.
11
If there is a second or third offense the driver
will lose their driver license for two years for
each offense.
12
Further consequences that occur from refusing to
take the test is that the officer will require
the suspected driver to sign a statement that
says the officer warned you of the consequences
of refusal to take either a breath of blood
alcohol test.
13
Refusing to take the test doesnt guarantee that
the suspected driver will not be convicted of
driving while intoxicated.
14
The prosecuting district attorney can and most
often will use the fact that the suspected driver
refused to submit to one of the required tests
against you.
15
Ultimately this could mean that a driver
suspected of driving while intoxicated can be
convicted without the state having to prove that
the drivers blood alcohol level was at least
0.08.
16
There are certain exceptions to refusing to take
the test and they are as follows.
17
If the driver is in an accident, or if the driver
has a child present.
18
The next is if the driver has a prior conviction
for driving while under the influence.
19
The final exception to a driver being able to
refuse a DWI test is if the driver is dead or
unconscious at the time of the test.