Posts tagged Consent Law
Been Caught Drunk Driving in Houston Texas?
Jul 10th
Posted by author in DUI Lawyer in Houston TX
Reader’s Question:
Luckily for me, I have never been caught drunk driving here in Houston, Texas. I know many people who have been charged with DUI. I hope the same thing will not happen to me because I know it would cost me a lot of time, money and effort. But if ever, what will the police officer ask me if I will be stopped for DUI suspicion?
Dennis
Houston, TX
When you are caught by a police officer for a DUI suspicion, a chain reaction of legal steps ensues. Drunk driving in Houston, Texas is a serious offense. The state of Texas requires blood alcohol content (BAC) of drivers to be .08% or less. Texas also has harsher punishments for drivers with extremely high BAC levels over .15 percent.
Generally, if a police officer stops you for DUI suspicion, you will be asked to perform field sobriety tests (FST) or an actual sobriety test to measure your level of intoxication. There are several testing options exist including breath, urine and blood tests. The state of Texas has implied consent law about sobriety tests. That means that if you get behind a wheel, are implying consent to take an alcohol test on the spot if requested. You, as a driver, usually have choice of tests. Breath testing is easier to challenge for accuracy than blood tests but breathalyzers do not scan for the presence of other drugs. If you refuse the test or have a BAC level over the limit, the police officer will probably take you into custody at the local police station. It is likely someone will have to pick you up or you will have to sleep overnight at the station to sober up, depending on your previous charges.
At this point, you will need an assistance of a qualified DUI lawyer in Houston, Texas to make sure that you know all the available options on your DUI case if ever you will be charged with one in the future.
Blood Alcohol Test DUI Houston TX
Jun 29th
Posted by author in Blood alcohol level tests
Reader’s Question:
Does a person in Houston Texas have the option not to take a Breath or Blood Test?
Alison
Houston, TX
Alison the answer is yes. Even if Texas has an indirect consent law, a person arrested for DWI may turn down the test being asked for. This refusal may result to the following penalties: a 180-day suspension of your right to drive for a first DWI arrest, a 2-year suspension of your right to drive a vehicle for a following arrest within 10 years if you decline to submit to a test in your first arrest, and the prosecutor can disclose your refusal into evidence in your DWI trial. The prosecutor will then dispute that you refused the test because you knew you were too drunk and that you would fail the test.
If you give in to a test and fail, your right to drive can be suspended and the following consequences may happen: a 90-day deferral of your right to drive if your driving record shows no previous alcohol connected detention, a 1-year postponement of your right to drive if you have a previous arrest or suspension with the preceding 10 years, and the prosecutor can divulge the results of the test as proof at your DWI trial.
If you do not want to get a breath test, it is much better to tell the police officer that you want to speak to your attorney before making any decision, is different from refusing. Again, they probably will not give you the chance to talk to a lawyer, but there will be no test will that will still be given
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