Top 5 Myths About DWI Charges In Texas – Debunked

In this article, you can discover…

• Whether or not you can contest the results of a BAC test in Texas.
• The role prescription medications might play in your DWI arrest. 
• How a skilled attorney can help you navigate the law after an arrest.

Myth #1: You Can’t Contest The Results Of A DWI Breath Or Blood Test In Texas

That is false. You can always contest the results of your blood or breath test in Texas. If the state is going to argue that you were “driving while intoxicated,” they must prove beyond a reasonable doubt that you were intoxicated at the time you were driving. In every case, your breath or blood sample is taken after your arrest, not while you were driving a vehicle. 

Your attorney can point out that alcohol has a particular absorption and elimination rate and that your blood alcohol content (BAC) test may not reflect your BAC at the time you were driving. Your attorney can also check to see if the machine that captured your BAC was functioning properly at the time.

Myth #2: You Can’t Get A DWI In A Parking Lot, Or If My Car Was Turned Off

In Texas, an arresting officer must have probable cause to believe that you were operating a motor vehicle in a public place while intoxicated. Parking lots (such as mall parking lots) are still considered public places, so you can still be arrested for DWI while driving in a parking lot. 

However, other cases may involve your being in a vehicle that is turned off, with you asleep behind the wheel. In these cases, an officer may conduct a “community caretaking exception” and approach the vehicle to see if you are ok. 

If the officer has reason to believe you are intoxicated as they check on and talk to you, they will ask you to exit the vehicle as they continue their investigation. If there is evidence that you were operating the motor vehicle while intoxicated, you can still be arrested for a DWI, even if the engine is off. 

For example, the officer may have observed your vehicle swerving before you pulled into the parking lot. The burden is still on the officer, however, to prove that you were driving while intoxicated, and this can be more difficult if your vehicle was already in park and turned off when they approached. 

Attorney Ira Miller is a seasoned, capable DWI defense attorney serving Texas. For nearly 20 years, he’s helped clients just like you avoid the consequences of a DWI conviction and get back on the road to success and freedom. 

Have questions, or in need of legal representation? Reach out to the Law Office of Ira Z. Miller at (361) 344-4811 for an initial consultation today.

Myth #3: If I Refuse A Blood Or Breath Test, I’ll Be Automatically Arrested For A DWI

In order to be arrested for a DWI, the arresting officer must have probable cause to believe that you are operating a motor vehicle in public while intoxicated. Your refusal to provide a BAC sample can be taken as evidence that you are intoxicated, though a sample is not usually requested until after field sobriety tests have been conducted. 

The three standard field sobriety tests are the horizontal gaze nystagmus test, the walk and turn test and the one-leg stand test. If an officer determines that you have failed the horizontal gaze nystagmus test, they will likely arrest you. They will also likely arrest you if you refuse or fail any of the other field sobriety tests.

Myth #4: I Cannot Be Charged With A DWI For Using Prescription Medication

This is false. Many people believe that DWI relates only to alcohol, but any substance that impairs normal mental or physical function can cause you to be arrested for a DWI. This includes prescription medication and narcotics. You can still be arrested for a DWI if you are under the influence of illegal drugs or simply experiencing side effects from legal medication. 

Myth #5: First-Time DWI Offenses Don’t Carry Serious Consequences

Many people who are arrested for a DWI have only faced traffic tickets prior to their arrest. As a result, they assume a DWI arrest is handled much like a class C misdemeanor traffic ticket, but this is untrue. 

In reality, DWI offenses carry serious consequences that can impact your finances, career, and future. A first-time DWI will result in either a class A or class B misdemeanor charge. If convicted of a class B misdemeanor, you can face fines of up to $2,000 and up to six months in jail, while a class A misdemeanor conviction can carry fines of up to $4,000 and up to a year in jail. 

And while most first-time DWI convictions result in probation instead of jail time, you could still lose your job, lose work-related security clearance, or lose a license, such as a pilot’s license, medical license, or nursing license. 

A DWI conviction could also be brought up in current or future custody disputes, impacting your access to your children. Finally, a third DWI offense will be considered a felony, and as a convicted felon, you will not be able to possess a firearm. The personal and professional consequences can be quite serious, even for a first-time offense. It’s always best to avoid a DWI conviction if at all possible, and a skilled, experienced DWI attorney can help you achieve just that. 

Still Have Questions? Ready To Get Started?

For more information on The Truth About DWI Charges In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (361) 344-4811 today.