- FORT BEND dwi frequently asked questions
happens if I refuse an officer's request to provide a sample of
refuse to provide a breath/blood sample, your refusal may be used as
evidence against you at trial and your driver's license may be suspended
for 180 days if this is your first offense, or 2 years if you have
previously been convicted.
I refuse to take a breath/blood test?
have any question in your mind as to whether you will pass or fail, it
is probably in your best interest to decline. Remember, even if your
consumption of alcohol has not resulted in the loss of the normal use of
your faculties, a test result in excess of the legal limit is sufficient
to convict you. Submitting to the test, gives the prosecutor one more
way to claim that you were intoxicated.
practical consideration is that by the time the police officer requests
a sample of your breath or blood you are already under arrest. Even if
you pass the test you will go to jail. After all the police will not
"un-arrest" you. Instead, the State will say that because the test was
taken some time after the time of driving your alcohol concentration at
the time of driving was higher than at the time of the test and that you
have simply had time to "sober up." The State will also argue that even
if your alcohol concentration was not above the legal limit, you had
lost the normal use of your mental and physical faculties as the result
of alcohol consumption.
confronted with a request for a breath/blood/urine sample, you should
ask the officer to allow you to contact an attorney for advice in making
your decision. The officer will probably tell you that you do not have
the right to speak with an attorney at this point, but the average juror
may view your request as reasonable. Moreover this saves you form
having to flatly refuse the officer's request.
refuse to perform the roadside field sobriety tests?
machine used to test my breath alcohol concentration accurate and
depends on who you believe. What is undisputed is that the manufacturer
does not warrant or guarantee that the Intoxilyzer is fit for its
intended purpose of determining the alcohol concentration in a sample of
human breath. The machine is a self-checking piece of equipment and the
machine's operator will assume "all is well" unless the machine says it
has a problem. It is well-known among DWI attorneys that the machine
will report proper functioning even in the face of having several of its
key components disconnected. Moreover, the computer program which
performs the crucial calculations remains a secret.
against the law to drink and drive?
is a crime to drive while intoxicated or to drink alcohol while driving,
it is not against the law to drive after having a few drinks so longs as
the consumption of alcohol does not cause intoxication. However, if you
are stopped for any reason and the officer detects the odor of alcohol
on your breath, it is likely that you will be arrested for driving while
is my first offense, will I go to jail?
unusual circumstances the answer is "no". Most people convicted of a
first DWI receive community supervision (probation), are required to pay
a fine, perform community service, submit to alcohol counseling, report
to a probation officer and abide by additional terms of community
supervision. So long as you successfully complete the community
supervision, you will not be required to spend any time in jail with the
exception of the time served immediately following your arrest.
is an ignition interlock?
ignition interlock is a breath alcohol analyzer, which is connected to a
vehicle's ignition system. To start the vehicle, the driver must first
blow a deep lung breath sample into the Interlock. The Interlock will
measure the alcohol concentration in the breath and prevent the vehicle
from starting if the alcohol exceeds a preset value. A person arrested
for a second or subsequent DWI will be required to have an interlock
installed on his vehicle as a condition of bail. Additionally, the
court may require the interlock as a condition of community
deferred adjudication available in a DWI case?
are convicted or plead guilty to a DWI, you are not eligible for
deferred adjudication. However, if the DWI is reduced to a non-DWI
offense such as reckless driving, deferred adjudication may be an
SUGAR LAND DWI DEFENSE ATTORNEY
ANTHONY R. SEGURA
| FORT BEND DWI