DWI Arrest in Texas

According to the DWI laws of Texas, you are legally intoxicated and may be arrested and charged with DWI, if:

1. Your Blood Alcohol Content (BAC) is 0.08 grams of alcohol per 100 ml of blood or higher.
2. You are impaired due to alcohol or other drugs regardless of BAC.

If you are stopped, be ready to show your driver license, proof of insurance and vehicle registration. If you refuse to take a blood or breath test, there is an automatic suspension of your driver license for 180 days.

A person whether a driver or the passenger, can be fined up to $500 for having an open alcohol container in a vehicle.

DRIVING WHILE INTOXICATED CREATES TWO CASES AGAINST YOU

When you are arrested for driving while intoxicated in Texas, you face a DWI arrest. A DWI arrest in Texas creates two cases against you. The first is a criminal charge resulting in your DWI arrest, and the second is a civil proceeding against your driving privileges, called an administrative license revocation or ALR.

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An ALR suspension is initiated against a driver arrested with a DWI charge when:

1. Refuses to submit to breadth or blood testing.
2. Fails a breadth or blood test.

The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute. According to the “Texas Implied Consent Statute,” each person, who drives a vehicle on Texas roadways, has implicitly consented to provide a specimen of breadth or blood if arrested for a DWI.

A Dallas DWI lawyer can help you understand all aspects of your DWI case in Texas!

This Texas law provides that each person who operates a motor vehicle on Texas roadways has implicitly consented to provide a specimen of breath or blood if arrested for a DWI charge and provided with the applicable consequences of refusing to submit to testing.

When blood is taken from a DWI defendant unwilling to provide a blood sample, Texas courts held this does not violate the defendant’s Constitutional rights, and the blood sample can be used as evidence against the defendant in trial.

In all intoxication related offenses, you do not have the right to consult with a attorney before making the decision to refuse or provide a requested specimen.

In serious intoxication related offenses involving an accident causing serious life-threatening injury or the possibility of death of the other parties involved in the accident, you can be forced to provide a sample of blood.