Refusing a Blood or Breath Test
In Texas, the “implied consent” law means that you consent to
a test to determine the amount of alcohol in your system. The law measures intoxication by the blood-alcohol content (BAC) percentage. A measurement of .08% and above is considered over the limit. Even if you do not “feel” drunk, an officer can arrest you for being considered legally drunk. However, note an officer must have reasonable suspicion that you were driving while intoxicated to pull you over.
When you submit to the test, you have the right to request to be tested
within at least two hours of your arrest. You can even choose with a doctor
or health care practitioner to take the test for you.
How Do The Courts Convict DWI?
Although DUI refusal can leave you culpable for penalties, this cannot
be used against you should your case be brought to trial. At the same
time, prosecutors may still have mounted enough evidence for a conviction. There may also be reasons why a chemical or blood test could not be obtained at the time of the arrest.
These are some examples:
- The judge ruled that the bodily fluids obtained were not admissible to trial.
- The equipment failed at the scene, and could not be used for a chemical test.
- Field sobriety tests determine that your actions demonstrated intoxication.
- The officer provided testimony that persuades the jury you were driving drunk.
- You refused to submit to either a chemical or blood test.
Do I Have the Right to Refuse the Test?
It does not help with the outcome of your case by refusing a blood or breath test.
These are the penalties for refusing to submit to the tests:
- 1st offense: 180-day license suspension
- 2nd offense: 2-year license suspension
- 3rd offense: 2-year license suspension
You may face numerous penalties, such as the standard
DWI penalties, which could include fines, DUI classes, probation, and even imprisonment. These will be in addition to license suspension or revocation. Therefore, it is imperative that if you are facing any DWI charge, even if you believe the evidence against you has no merit, you should fight.
We at The Martinez Law Firm are known for going above and beyond to help
our clients.
Call us today and let’s get started on building your defense!
Proving Intent is One of the Hardest Parts of a Prosecutor’s Job
Proving intent considers a person’s mental state and makes up the largest part of how criminal trials transpire. Prosecutors have the burden that an individual’s state of mind was fully aware of the actions about to take place, had planned those actions in advance, and knew what the consequences would be. This is called “criminal intent,” or mens rea.
How Mens Rea Works
To illustrate the difference, let us take, for example, involuntary manslaughter versus murder. What these two offenses have in common is that one person caused the death of another person. However, the very definition of involuntary manslaughter means that the individual acted recklessly or negligent, such as improperly handling a motor vehicle, and killed another.
Murder, on the other hand, is “the unlawful killing of another with
malice aforethought.” The keywords here are “malice aforethought,”
which means that the person committing the crime had every intention of
carrying out the killing before setting out to do the deed.
The Role of the Prosecutor
A prosecutor must prove that “beyond any reasonable doubt,” that
the accused person had planned a deliberate attempt to commit a crime.
Without proving intent, prosecutors will not be able to secure a criminal
a conviction for wrongdoing.
Most cases are not this cut and dry, though. There may be instances where
the accused person mistakenly believed something else, which caused him
or her to commit the crime. Here is one example: you are driving, and
you believe that the other driver is aware of your presence and motions
for you to make your maneuver. You mistakenly misinterpret the signal,
and the cars collide, killing the other driver. Because the circumstances
of the situation appeared accidental, you may have a defense available to you. In this case, proving intent can be very hard.
Bear in mind, however, that such defenses would not be valid in civil cases,
such as if the other party chooses to file a personal injury lawsuit to
recover the damages.
Accused? Call a Houston Criminal Defense Lawyer!
If you are facing criminal charges of any sort, know that there is hope.
There may be a valid defense to help preserve your reputation and prevent
you from accumulating a criminal record. Hiring a knowledgeable defense
team is the first step. A good defender knows how to seek out advice from
leading experts and makes thorough investigations—that is precisely
what we do at The Martinez Law Firm.
Start your case today and call to schedule your free consultation with us today!
Know Your Rights
One of the first things you need to do if you want to have any chance of
fighting a DWI in Houston, is you need to understand and exercise your legal rights. The law does not require you to submit to field sobriety tests, nor does it require you to answer an officer’s questions without having your attorney present.
Fight Evidence From Your Breath & Blood Test Results
While you are legally obligated to submit to a breath, blood, or another chemical testing, even what appears to be conclusive evidence gathered from these tests can be disproven with the help of a skilled DWI defense attorney. Having a skilled DWI attorney fighting a DWI in Houston for you is imperative if you have any chance of winning.
Schedule Your ALR Hearing & Have the Proper Defense
You only have 15 days to schedule your Administration License Revocation (ALR) hearing, so act quickly. An attorney from our firm can also help you fight to retain your driving privileges by providing representation at the hearing.
Let a Qualified Lawyer Thoroughly Investigate Your Charges
The sooner you are able to retain counsel, the sooner we will be able to
get started on strategizing for your defense. Above all, we take an individualized, client-driven approach to each of the cases we have taken on. Therefore, our clients are able to benefit from a defense that has been personalized to their individual situation.
Hire a Top-Rated Houston Defense Lawyer With a History of Success
If you have been arrested for suspicion of driving while intoxicated, we
advise you to waste no time in hiring a DWI attorney in Houston who you can trust to defend your rights. Furthermore, The Martinez Law Firm is a well-established criminal defense firm that has been providing legal
representation and counsel to those accused of DWI and other
criminal charges for nearly 20 years.
Attorney Martinez has received a 10.0 Superb Rating on Avvo and was named as the 2014 Avvo Clients’ Choice DUI & Criminal Defense Lawyer as well. He is well-versed on DWI laws and his track record of success clearly shows that he has the skills necessary to beat your DWI in Texas.
To get the help you need, contact a Houston attorney
from our firm now.
Expunging a DWI Can Help Your Future
After you are convicted of a DWI, it is essential to eventually seek an expungement. A DWI will go on your criminal record, which potential employers can access whenever you are interviewed for a new job. Many companies won’t hire individuals that have been arrested for a crime of this nature. An expunged DWI offense can typically still be used as proof of prior conviction, but they are not visible to prospective employers, educational institutions, and credit insurers, or other entities that conduct background checks.
This means that unless you are arrested again for another DUI, it will be as if you were never arrested in the first place. You will want to pursue an expungement with the help of an accomplished DWI lawyer. In order to receive this privilege, you will need to adhere to Chapter
55 of the Texas Criminal Code.
When Can a DWI Be Expunged?
According to the Texas Young Lawyers Association, individuals can have
their records expunged if they were:
- Arrested for a crime that was never charged; or
- If the criminal charge was ultimately dismissed.
Other Exceptions for Expungement
If a person was convicted
for a crime that was later acquitted by the trial court or the Criminal Court
of Appeals, or if it was a conviction for a failure to attend school,
that record can also be expunged. In addition, if the individual was convicted of a crime that was later pardoned by the Governor of Texas or the US President, then that record can be expunged. Some juvenile offenses are eligible for expungement, as well as some alcohol offenses involving minors.
If you want more information about expungement in your case, then
contact an attorney at the firm today to learn more!