Reader’s Question:
A friend of mine was accused of DWI here in Houston, Texas and I was surprised that he was charged with two separate crimes. If in case I get arrested for DWI, what do you think is the best thing that I should do?
David
Houston, TX
If in case you are stopped for driving while intoxicated or DWI in Houston, Texas, you just have to be polite to the police officer. You have to cooperate with what the officer asks you to do because it would be against your own interests to be rude or uncooperative. You could find yourself in this situation and your background (apart from any previous DWI offenses) would have no relevance, but your behavior when stopped would definitely be much relevant.
The basic limit of blood alcohol is 0.08% and if you have a blood alcohol test result above the legal level, you have to cooperate and try to take any subsequent tests. The state of Texas has an “implied consent” law, which means that when you obtained your driver’s license, you implicitly agreed to take a blood alcohol test if you are suspected of DWI. If you refuse to take the breath or blood alcohol test, it could be treated as a separate crime and your driver’s license could be suspended for a year and it could be viewed as admitting your own guilt.
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Reader’s Question:
Is it true that is more costly to defend a DWI case than to plead guilty? If that is the case, will it be better if I just plead guilty to my DWI case in Houston, Texas?
Damian
Houston, TX
Sure it is more costly to defend a DWI case than to plead guilty but you have to keep in mind that so much is at stake which includes considerable penalty fees. This is the reason why the possibility of winning your DWI case in Houston, Texas should not be just dismissed; and it could cost less than you think.
Assuming your DWI case could not be won and just pleading guilty is the biggest mistake that you could do for yourself. Even some DWI lawyers commit this mistake and advise their client to plead guilty after getting the test result and the police report. But you need to know that the breath test, other chemical tests and the field sobriety tests all have potential built-in flaws and these flaws could make the difference in defending your DWI case. An example is that the results of a breath test can be challenged through a Motion to Suppress, with cross examination of the police officer or expert witness or evidence of your sobriety. Considering all these facts, it would not be better for you to just plead guilty on your DWI case.
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