What Does ‘No Refusal’ Mean with Texas DWI LawLaw enforcement departments across Texas are currently going through their longest “no refusal” period of the year for people suspected of driving while intoxicated. “No refusal” initiatives usually take place during holiday weekends, but many departments consider Thanksgiving to New Year’s Day to be one long “no refusal” period. Law enforcement promotes “no refusal” as a time when drivers suspected of DWI will not be allowed to refuse a sobriety test. It is somewhat misleading to say that departments designate “no refusal” periods, and explaining why can help you better understand your rights during a DWI stop:

  1. You Can Refuse But With Legal Consequences: Firstly, “no refusal” refers to only blood and breath tests used to measure your blood alcohol concentration and not field tests of your balance or gaze. Secondly, you can refuse a sobriety test without consequence if you are not under arrest. Finally, you can still refuse a sobriety test after your arrest, though your driver’s license will be suspended and the officer will likely request a warrant to obtain your blood sample. Resisting a blood test after a warrant could lead to additional criminal charges.
  2. The Law Does Not Change During “No Refusal” Initiatives: Texas law enforcement always has the authority to require DWI suspects to comply with breath or blood testing because of the state's implied consent law. The difference during a “no refusal” period is that the police officers put greater emphasis on catching drunk drivers and have more resources at their disposal to ensure that they can obtain a test sample in a timely manner. Judges are on call to review affidavits for warrants during the late-night hours when DWI arrests usually occur. Nurses are available at the station to draw blood samples.
  3. “No Refusal” Is About Awareness and Prevention: Why do law enforcement departments publicize “no refusal” initiatives when the same DWI laws are always in effect? They are trying to deter people from driving drunk or under the influence of drugs during times of the year when DWI arrests are most prevalent. Many people celebrate holidays by drinking alcohol at parties, followed by driving themselves home. The goal is to change people’s decisions to drive drunk by reminding them of the risk of being arrested.

Contact a San Antonio DWI Defense Attorney

Being charged with DWI can put a damper on your holidays, but do not assume that it means you will be convicted. A San Antonio DWI defense lawyer at the Law Offices of Sam H. Lock will work to beat your charge or get it dismissed. To schedule a free consultation, call 888-726-5625.

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What Does Your BAC Result Mean for Your DWI Charge?The numbers from your blood alcohol concentration test hold a lot of weight in determining whether you will be charged with driving while intoxicated. The big number in almost every state is 0.08 percent BAC, which is the legal limit that determines whether you are intoxicated (Utah is the exception because it recently lowered its limit to 0.05 percent). However, there is more to BAC levels in Texas law than a simple 0.08 cut-off point. You can still be charged with DWI when your BAC is below the legal limit, and the level of the charge can increase depending on how much your BAC exceeds the limit.

Less than 0.08

The 0.08 percent BAC limit is based on the percentage of alcohol in a person’s bloodstream that it usually takes to impair their driving capabilities. Your alcohol tolerance may be different than that, depending on factors such as your:

  • Weight
  • Gender
  • Body chemistry

If your BAC is above the legal limit but you show no signs of impairment, you are still considered to be legally intoxicated. If your BAC is below the legal limit but you do show signs of impairment, a police officer can still arrest you on suspicion of DWI if they believe that your impairment reached the level of intoxication. Your advantage in this scenario is that the prosecution is basing its case solely on subjective evidence from the officer’s observations, which is easier to dispute than scientific blood test results.

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Deferred Adjudication Now Available to DWI DefendantsA new law went into effect in Texas on Sept. 1 that allows people who committed driving while intoxicated for the first time to receive deferred adjudication. People who plead guilty to DWI and complete their probation can prevent a conviction from appearing on their public criminal record. However, a subsequent DWI charge would still be treated as a second DWI offense in court. The deferred adjudication law is seen as an alternative to full prosecution for people who made a one-time poor decision, such as underage drinkers or people driving home after a holiday family dinner.

Who Qualifies?

As previously mentioned, deferred adjudication is available to DWI defendants if they have never been previously convicted for DWI. Also, this option is unavailable if the DWI incident occurred before the law was enacted on Sept. 1. The judge will decide whether deferred adjudication is appropriate given the circumstances of the case. You may be denied deferred adjudication if:

  • Your blood alcohol concentration level was 0.16 or greater.
  • Someone was injured or killed during the DWI incident.
  • You have a commercial driver’s license.

A person accused of more serious DWI charges may not be deserving in the court’s eyes of a reduced punishment. The court wants to be confident that you pose little risk of repeating your mistake by driving while intoxicated again.

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Posted on in DWI / DUI

Immigrants At Risk If Convicted for DWIA U.S. representative from central Texas recently claimed that half of the people arrested for driving while intoxicated on Interstate 35 are illegal immigrants. At a forum on the Mexican border crisis, the congressman said that local law enforcement had told him this, as well as that most illegal immigrants had no identification but police officers had to let them go with just a ticket because the jails are full. Fact-checkers debunked this claim on multiple levels:

  • None of the law enforcement agencies they talked to had official statistics on the number of DWI arrests that involved illegal immigrants; and
  • Jails have contingency plans in the event that they have reached capacity.

What is true is that immigrants, here legally or otherwise, can face serious consequences if they are convicted of DWI.

Will I Be Deported?

If you are an immigrant to the U.S. who has been charged with DWI, your biggest fear may be whether a conviction would result in deportation. The answer depends on your legal status in the U.S.:

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Four Errors That Occur in Breath Alcohol TestsOf the methods for testing someone’s blood alcohol concentration, blood tests are considered the most accurate. However, a breath test is more useful to police officers who are trying to establish probable cause to arrest someone for driving while intoxicated. It is more difficult to get a suspect to give a blood sample, and the results are not available until the blood has been taken to a lab for testing. By contrast, a breath test may be as simple as the subject breathing into a portable device, and officers can obtain immediate results in the field. Drivers who are stopped on suspicion of DWI should be cautious about agreeing to a breath test, even if they have had little or nothing to drink. There are several reasons that a breath test may give an inaccurate reading, leading to your arrest:

  1. Equipment Errors: The breath test device, commonly called a breathalyzer, must be periodically calibrated to ensure that its readings are accurate. When a breathalyzer is used frequently, its sensors can become saturated, causing readings to be inaccurately high. Law enforcement cannot know whether the equipment has been affected in this way unless they check the device on a regular schedule.
  2. Software Errors: While the hardware collects the breath sample, the software interprets the sample to determine a BAC level. Seemingly reliable software can have glitches or bugs that affect the readings. This is more likely to happen if the law enforcement organization is using an older and outdated software system.
  3. Nonalcoholic Substances: A breathalyzer can mistake other substances for alcohol, causing an artificially high BAC reading. These substances may include mouthwashes, breath fresheners, and acetones that are present in the breath of diabetics. Your breath can also be contaminated if you have recently inhaled gasoline, glue, paint or thinner.
  4. Residual Alcohol: The recent presence of alcohol in your mouth will create a reading that is higher than your actual BAC. Because of this, a police officer is required to wait and watch you for 15 minutes before giving a breath test to make sure you have not consumed any alcohol, burped or vomited. Failing to do so makes the results unreliable.

Contact a San Antonio DWI Defense Attorney

It is advised that you refuse a breath alcohol test during a DWI stop. If you did submit to the test, a San Antonio DWI defense attorney at the Law Offices of Sam H. Lock can review the test process and dispute the results during your case if there is a good reason to believe that they are inaccurate. Schedule a free consultation by calling 888-726-5625.

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