DRIVING WHILE INTOXICATED​

 

In one evening, your life can be turned upside down.  Driving while Intoxicated carries a maximum punishment of 180 days in the County jail for a first offense so long as the blood/breath test is under 0.15.  If it is a .15 or above then the maximum punishment is ONE YEAR within the county jail.  Driving While Intoxicated is a serious offense that will follow you the rest of your life, should you be convicted.  You or someone you know may have had an evening like the one described below:

So you are driving home after having dinner with some friends

and then you see the red and blue lights in your rear view mirror.  You pull over to the shoulder of the road.  The officer asks you for your license, registration, and proof of insurance.  You give them all to him without hesitation.  He asks you where you are coming from; you say from a dinner party.  He asks you if you have had anything to drink.  You answer him truthfully that you had a couple glasses of wine with your dinner.  Then the officer asks you to step out of the car because he is going to make sure you are ok to drive a vehicle.  Innocently, you agree thinking that the officer is actually trying to make sure you are alright.  You have no idea he is about to collect evidence to be used against you later.

So he starts administering the tests

that are known as Standardized Field Sobriety Tests.  They generally consist of three tests:  The Horizontal Gaze Nystagmus, the Walk and Turn, and the One legged Stand.  The Horizontal Gaze Nystagmus requires that the officer evaluate tiny movements of your eye; the walk and turn requires you to follow over 17 instructions nearly perfectly in order to not fail.  The one-legged stand requires that you balance on one leg for approximately 30 seconds.  You do your best on these tests.  The officer then asks you if you are willing to submit a sample of your breath.  If you refuse your Texas privilege to drive is suspended for 180 days.

THE ONLY 100%  SURE WAY TO AVOID A DWI CONVICTION IS TO ALWAYS TAKE A CAB OR HAVE A DESIGNATED DRIVER.  BE SAFE OUT THERE!.

You arrive at the Police Station and you blow into the Intoxilyzer 5000

.Little do you know that this machine is using 1980s technology to test your breath.  You also are unaware that this device has "an acceptable margin of error of 20%" (ie if a subject is .08 then anything between .072 and .088 is accurate)  Other factors that can affect the accuracy of the test is your body temperature, other substances that contain alcohol within the breath, and the ratio of blood to breath.  BUT maybe you have seen and heard that you should not give a breath sample or "blow" as it is known.  What happens next?  Your Texas Driver's license is suspended for 180 days.  The fact you refused WILL be used against you in a future trial, AND now the officer is going to get a warrant to draw your blood.  

Your blood gets drawn you spend the night in the county jail.  Your family or loved one bails you out, now what?

Now it is time to make sure that your name and reputation are not forever tainted by this one night.  Call The Macias Law Firm PLLC.  The cost of keeping a criminal conviction off your permanent record is priceless.  But let's face it:  everyone is on a budget.  Here at The Macias Law Firm PLLC we understand that.  That is why we offer some of the most affordable rates in Texas for Driving While Intoxicated defense.  Additionally, our flexible payment plans will accomdate almost any budget.  Just because we are affordable does not mean that our service is cheap!!  We pride ourselves in returning all calls and messages the same day and always being available to answer your questions.  Call us today!  832-763-8175

 

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