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!
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!
A DWI charge means that if you have a blood alcohol content of .08% or above while behind the wheel, you can get arrested for a DWI.
In Texas, there are no alternatives or lesser charges to DWI, so the prosecution will be seeking the maximum penalties against you.
What are the penalties for drunk driving?
Your first DWI charge & conviction can have you put in jail for up to 180 days with fines of up to $2,000. Your license could also be suspended for up to a year.
What about a second DWI offense?
The penalties will increase, including the possibility of the following:
Up to a year in jail
Fines up to $4,000
Two-year license suspension
Mandatory ignition interlock installation
While a second offense is still considered a misdemeanor, so long as there are no aggravating factors, a third offense is a felony. It will carry two years in jail, up to $10,000 in fines, an extensive license suspension, and mandatory installation of an ignition interlock device as well.
There is no look-back period in Texas, meaning no matter how many years have elapsed between your first and current DWI, it can still be counted against you. In addition, your insurer will likely respond to a DWI conviction by raising your premiums by a few hundred dollars a month or by dropping you entirely due to your increased risk.
Do I really need a lawyer for my case?
You should be well aware that a DWI arrest is far from a DWI conviction. When you have an attorney, they can argue against your charges by utilizing a number of defenses. They can find evidence to prove those police officers had no probable cause to pull you over, that your breath or blood test was inaccurate, or that your rights were violated in some way.
With so much at stake, you need a lawyer from The Martinez Law Firm to argue on your behalf. He is a Top DUI Lawyer as recognized by H Texas Magazine and Avvo. Representing clients throughout Houston for over 15 years, there is no case too complex. He believes that you are always innocent until proven guilty. Call today to find out how we can use our experience to benefit your case.
Free Case Evaluation
It is always to your benefit to hire a DWI attorney to handle your case. Someone who has a background in the court system understands how plea bargains work, and is able to weed through the complicated administrative procedures is a must-have if you are planning to fight your charges or seek a plea deal. While you are not legally obligated to hire an attorney for a DWI charge, you have a much better chance of obtaining a positive result for your case when you have one.
Even if you wish to plead guilty and are fairly certain of a conviction, a DWI lawyer can offer you the benefit of their experience and advise you along the way. An attorney may be able to offer a viable plea bargain in such a case.
What a Lawyer Can Offer
Your attorney may also be able to push for sentence bargaining which can be very useful when you are faced with jail time. In such a case you would be able to know what your sentence would be before you decide how to plead.
If you believe you were arrested in error and were either not intoxicated or police acted inappropriately, you most certainly need a DWI lawyer who understands how a DWI arrest should function, including the stop, field sobriety, and chemical test procedures. A DWI lawyer will know when a mistake was made in your arrest and can exploit such as a mistake. In this case, you can probably get your case dropped since the police acted improperly.
In addition to fighting your charges, a DWI attorney can help you regain your driver’s license which was likely taken from you once arrested. You will need to schedule and win an administrative hearing to contest your license’s revocation and a DWI attorney can stand beside you and advise you for both.
Having a DWI attorney is worth the cost of retaining one. When your future is on the line, an experienced DWI lawyer from Herman Martinez could make all the difference for you.
Being pulled over for a suspected DWI can be a very humbling experience. If an officer suspects you have been driving while intoxicated it is highly likely you may find yourself being placed under arrest before you even realize what is going on. Knowing your rights and understanding what you should do in this type of situation will make a big difference in what happens next.
Our founding lawyer has more than 15 years of criminal law experience and has been named by H Texas Magazine as a “Top DWI Lawyer” for 2011. With an in-depth knowledge of DWI defense, we are more than qualified to provide legal representation in all different types
of DWI cases from first-time DWI arrests to Felony DWI and more. To find out what we can do for you, give our law firm a call today. In the meantime, here are some common DWI questions, and the answers you will want to know.
Can I refuse to take a field sobriety test?
You are under no legal obligation to submit to field sobriety testing. These types of tests are extremely suggestive and are only used by officers to confirm their suspicions of DWI and warrant an arrest.
Can I refuse to take a breathalyzer test?
Any individual who has been issued a driver’s license in our state
has already given his or her implied consent to submit to a breath, blood,
urine, or other chemical tests in the event of a suspected DWI. Refusing
to take a breathalyzer test will generally lead to an arrest and the mandatory suspension of your driving privileges for at least 6 months.
Is there anything I can do to avoid being arrested for DWI?
Other than not consuming alcohol prior to getting behind the wheel of a
motor vehicle, there is usually little that can be done to avoid an arrest
after being pulled over for an alleged DWI. The officer already had his
or her suspicions as to your state of intoxication and field sobriety tests,
breathalyzer tests and questioning is how those suspicions will be confirmed.
Do I have to answer the officer’s questions?
Another common DWI question is, if you are pulled over on suspicion of DWI, you do not have to answer any questions that could incriminate you or be used against you in a court of law. Be respectful. Provide the officer with the basic identification of the information he or she requires and then politely inform the officer that you would be happy to answer more questions once your lawyer is present. Some officers will try to convince you this is an admission of guilt, but it is not. You are simply asserting your legal rights.
Will a failed test guarantee a conviction?
Neither a failed breathalyzer test nor a failed chemical test will guarantee
a conviction. Even if your blood alcohol concentration (BAC) level is
above the legal limit, we will challenge the results and validity of your
tests. An improperly trained officer, an incorrectly calibrated testing
unit, and numerous other factors can all impact the results of your test.
Will I lose my driver’s license if I am arrested for a suspected DWI?
If you have been arrested for DWI, you have 15 days to request an
Administrative License Revocation (ALR) hearing where you will be given the opportunity to challenge your license suspension. Having a skilled criminal defense lawyer by your side will greatly improve your chances of retaining your license or being granted restricted driving privileges.
If it is my first time being arrested for DWI, will I have to go to jail?
Individuals who are arrested for a first-time DWI in our state could be
facing up to 180 days in jail, in addition to a number of other penalties.
In cases where an individual has a BAC level of 0.15 or above, that penalty
may be increased to a year in jail.
The most important thing you can do upon being arrested for a suspected
DWI here in Houston or throughout any of the surrounding cities is to
exercise your legal rights. You have the right to remain silent and you have the right to have a lawyer present during all questioning. Do not help build the prosecution’s case against you by waiving your rights.
Call The Martinez Law Firm and schedule to meet with a Houston criminal defense lawyer immediately. We will answer any of your common DWI questions not answered here, advise you of your legal rights, and help you prepare a compelling strategy for your defense. It is not too late. The time to call is now!
Thanksgiving weekend is one of the most popular weeks for Thanksgiving DWI arrests within the year. This is because many individuals will enjoy a glass of wine or two with dinner and then consume beer while watching football. In addition, an individual may consume a holiday drink or two over the course of the night. By the time he or she is ready to drive home, the individual may be well over the legal limit. Every year, police forces put out large numbers of patrols to watch for Thanksgiving DWI offenders that are making their way home after a Thanksgiving celebration.
Ironically, “Black Wednesday,” which is the day before Thanksgiving, has also become a popular day for drinking. According to the Sun-Sentinel, this has become one of the biggest alcohol drinking nights of the year, second only to New Year’s Eve. Researchers say that Black Wednesday encourages drinking for a variety of reasons. For one, relatives are in town, and for another college students are home. Also, there is no work on Thursday, so individuals are partying and decide to drink without worry that they will have to go into work hung-over.
Many restaurant owners and bar owners say that they are specifically preparing for Black Wednesday by offering special deals that night. Yet it is important for these drinkers to remember that they need to be wise when they choose any alcohol. Driving home intoxicated may result in a DWI charge, which will then inevitably result in arrest. If you have been arrested for a Thanksgiving DWI, then you need a dedicated attorney and former prosecutor on your side. At
The Martinez Law Firm, you can trust that you will have the aggressive representation that you need to work through your charges effectively. Call the firm today to learn more!
Some states don’t recognize vehicular homicide as its own specific crime, but Texas is one of the states that will uphold this specific offense. In the state of Texas, a person who is convicted of vehicular homicide faces between 2 to 20 years in prison. Vehicular homicide is the act of killing another victim in a crash that was partially due to drunk driving.
If the drunk driver survives the accident, he or she can be charged with this very serious felony. Laws in each state vary greatly on the idea of vehicular homicide. Some states take the offense very seriously and will force individuals to serve up to 99 years for the crime.
Specifically in Texas, vehicular homicide is also referred to as intoxication manslaughter. This is normally a second-degree felony and will result in at least a mandatory two years of prison time. Individuals can serve a sentence of up to 20 years for this singular crime, but cannot sever more than that. Also, Texas has a $10,000 maximum for fines associated with intoxication manslaughter.
If an offender kills more than one person during a drunken-driving accident, then he or she may be sentenced for multiple intoxication manslaughter charges. This can duplicate the sentence, eventually resulting in a life sentence for those who have killed multiple people in a car crash. If you have been arrested for an intoxication manslaughter charge, the best move you can make is to hire a dedicated and hardworking Houston DWI attorney to represent you in your case.
Criminal Defense Attorney Herman Martinez is a Former U.S Chief Prosecutor, so he understands both sides of DWI law. If you have been arrested, he can use his intimate knowledge of both sides of the justice system to advocate for your innocence or the dismissal of your case. Herman Martinez will do all that he can to reduce your charges or eliminate your possible sentences, so partner with the lawyers at this firm today!
With the holidays approaching, law enforcement will be on high alert for
the increased number of drivers who are operating a motor vehicle while
intoxicated. Do not let a DWI ruin your holiday, drinking and driving during the holiday can be very dangerous. Furthermore, in some locations, the police presence will be extremely high.
If you are stopped for DWI, you may feel intimidated and scared. Although just being stopped is a good indication that you may be arrested, there are some things you can do to lessen the possibility of arrest and improve your chances in court if you are arrested.
Of course, you should never drive if you are intoxicated. However, even
a small amount of alcohol in your system can mean that you could be considered at fault for any accident that occurs and you could still be arrested for drunk driving even if you are below the legal limit. And it doesn’t take many drinks to exceed the legal limit, much depends on your body weight and how much time has elapsed since you had your last drink. If you are going to drink, even socially, then you need to realize that you
could be stopped for DWI.
Remember that a vehicle that appears to be in disrepair, is excessively
loud or that has any burned-out or broken lights, will attract the attention
of police officers who are keeping an eye out for dangerous drivers. Drivers who fail to obey traffic laws by speeding or ignoring stop signs will
also draw the attention of law enforcement, as will a driver who appears
to be weaving or erratic.
Even if you are not driving erratically, you can be pulled over for something as simple as a broken tail light, or some other minor infraction. At that point, if the officer believes you are under the influence, he may ask you to perform field sobriety tests. Failing these tests gives the officer probable cause to arrest and to request a Blood/Breath Alcohol Content (BAC) test. If you fail this test the DWI ruin your holiday.
If you are arrested for DWI, be aware that this is a serious charge that could seriously disrupt both your personal and your professional life. It could mean jail time, probation, your car insurance may increase, and a mark on your reputation that could have a detrimental effect on your career and your family life.
If you let a DWI ruin your holiday and get charged with DWI, you need an advocate working to defend you. Herman Martinez is a skilled DWI Attorney who is certified by National Highway Traffic Safety Administration (NHTSA) to administer the same field sobriety tests that the police use to base arrests on. This expertise makes him particularly adept at finding inconsistencies and irregularities in these test results.
If you have been arrested for DWI, don’t put your future at risk. Seek
the best representation for your case. Contact us for a consultation today
Please keep in mind that the DWI reinstatement fee only needs to be paid
if you lose your license. The main reasons a person loses their driver’s license in Texas for a DWI is because they lost their ALR hearing, they were sentenced to jail time instead of probation, or they have more than one DWI conviction. Regardless, a person does not have to pay a reinstatement fee if their driver’s license is not suspended. As experienced Houston Lawyers, we frequently save a person’s license by winning their ALR hearing regardless of the fact if they blew over the legal limit or a blood test was performed.