Driving while intoxicated (DWI) is against the law in Texas. This criminal offense, which is known in other states as DUI or operating a vehicle impaired (OVI), carries potentially life-altering consequences. You need an experienced Fort Worth criminal defense lawyer on your side. Many Texas drivers know about DWIs, but they either don’t know or underappreciate the severity of the consequences. Namely, whether a misdemeanor or felony DWI, you might face a hefty jail sentence, probation, costly fine, and a long-term suspension of your driver’s license. The cost of a DWI in Texas can be much more than just the fine. A DWI can also disrupt your career and your ability to commute to work, school, your doctor’s office, and other important places. For this reason, it is absolutely essential that you know DWI laws and that you take the right steps to protect yourself. You’ve come to the right place.
The experienced Texas DWI lawyers at the Hampton Criminal Defense Attorneys, PLLC provide you with the following useful guide on DWIs in Texas, including what you could do to avoid a conviction. Our DWI attorneys have tried over 400 DWI jury trials. If you have recently been arrested for DWI don’t delay in getting the expert DWI representation you need and call us today at 817-826-9885!
How much does a DWI cost in Texas? With So Much at Stake, You Need An Expert Fort Worth DWI Lawyer
Have you, a friend, or a loved one been arrested for driving while intoxicated (DWI)? If so, you must act fast to prevent losing your driver’s license. If you have been arrested for a DWI and have received a Notice of Suspension regarding your driver’s license, you only have 15 days from the date of your arrest to schedule an Administrative License Revocation (ALR) hearing. Contact us now to secure your license by calling 817-826-9885 or read more about ALR after DWI and how and why you need to take action immediately to save your driver’s license.
Why Hire a Fort Worth DWI Lawyer Focusing on DWI Defense?
If you have been charged with a DWI or DUI in Fort Worth, Texas it is important to realize that hiring a general practice attorney may not provide you the experience necessary to ensure that you are adequately represented during your DWI case.
It is common practice in Tarrant County for the District Attorney’s Office to assign a team of prosecutors to prosecute your case at trial. At the Hampton Criminal Defense Attorneys, PLLC, we even the odds for those charged with driving while intoxicated in Fort Worth by ensuring that if your case goes to trial, you will be defended by an experienced team of DWI defense attorneys that have both misdemeanor and felony DWI experience.
⇒Together We’ve Tried Over 400 DWI Jury Trials⇐
What is Considered a DWI Crime Under Texas Law?
In Texas, a person can be charged with DWI if, during the operation of a motor vehicle, they have lost the normal use of their mental or physical faculties by reason of the introduction of alcohol or drugs into their body. A person can also be charged with DWI if their blood alcohol concentration (commonly referred to as BAC) is .08% or higher at the time of driving.
Regardless of the exact circumstances surrounding the charges, drunk driving
charges are serious and we recommend hiring an experienced Fort Worth DWI lawyer near you like the experts at Hampton Criminal Defense Attorneys as quickly as possible following your arrest. An experienced Fort Worth DWI lawyer for drunk driving charges like Jeff Hampton should be contacted immediately to start building your defense early and hopefully secure your driver’s license.
Driving While Intoxicated (DWI) Is Illegal
In Texas, you are prohibited from operating a motor vehicle in a public place while you are intoxicated. For clarification, a motor vehicle means a car, truck, motorcycle, or anything that is used to transport people on a highway.
A public place means a street, highway, or any place where the public has access to. Most importantly, Intoxicated means either of the following:
- You do not have the normal use of your mental or physical abilities due to alcohol, a controlled substance, a drug, or any combination of them.
- You have an alcohol concentration of .08 or more as measured by your:
- Breath(grams of alcohol per 210 liters of breath),
- Blood(grams of alcohol per 100 milliliters of blood), or
- Urine (grams of alcohol per 67 milliliters of urine).
Put more simply, if you have a Blood Alcohol Concentration (BAC) of .08 or more, then you are intoxicated according to Texas law, and driving while intoxicated could result in a DWI charge. Keep in mind that your BAC is impacted by a number of factors besides the amount of alcohol that you consume. Specifically, your gender, height, weight, and consumption of food can all affect your BAC.
Fort Worth DWI Lawyer Explains DWI Punishment under Texas Law
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you are facing a very serious criminal offense that carries with it the prospect of jail time, increased insurance premiums and a permanent stain upon your criminal record. Below are answers to some of the most common questions people ask us about punishment for different types of DWI charges in the state of Texas. If you are charged with drunk driving, we strongly urge you to hire an experienced Fort Worth DWI lawyer.
Do I need a Fort Worth DWI lawyer if I am Convicted of DWI (1st offense)?
If you have been arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 3 days to 180 days in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 90 days to 1 year.
Additionally, if you receive community supervision (probation) in Tarrant County for your DWI (1st offense), you could be required to complete the following (at your own expense): numerous DWI classes (Alcohol/Drug evaluation, DWI education program, Victim Impact Panel, etc.), a large amount of community service hours, a license suspension for a period of time ranging from 90 days to 1 year and if you agreed to submit a DWI breath or blood sample and it was determined that your blood alcohol level was greater than .15, the judge MUST order you to obtain an ignition interlock device on your vehicle as a condition of your community service (probation).
Finally, if you were arrested and charged with a DWI (1st offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you were found to have an open container at the time of your arrest, Texas law provides that you could face anywhere from 6 days to 180 days in Tarrant County jail.
What Happens if I am Convicted of a DUI (1st offense as a minor – under 21 years of age)?
If you have been arrested and charged with a DUI (1st offense) in Fort Worth, Arlington, Mansfield or the surrounding cities in Tarrant County, Texas law provides that will be charged with a Class C Misdemeanor that carries a punishment of up to a $500 fine but does not impose a jail sentence upon conviction.
However, if you or your minor child receives community supervision (probation), not only must you or your minor child complete all the standard conditions of a DWI probation, you will also receive a driver’s license suspension that will become effective at the beginning of the community supervision (probation) period. Finally, the court will require you to install and use an ignition interlock device on your vehicle during the term of your community supervision (probation).
What Happens if I am Convicted of a DWI – Misdemeanor Repetition (DWI 2nd)?
If you have been arrested and charged with a DWI (2nd offense) in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 30 days to 1 year in Tarrant County jail, large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 years. Also, if your DWI 2nd was committed within 5 years of your DWI (1st offense), your driver’s license can be suspended for a period of time ranging from 1 year to 2 years.
If you receive community supervision (probation) in Tarrant County for your DWI 2nd, you will be required to complete all of the probation conditions of a DWI (1st offense) as well as the following: a minimum of 3 days to 5 days in jail as a condition of your probation, a court-ordered ignition interlock device will be installed and monitored on your vehicle (at your expense) and you will be required to complete a program for repeat DWI offenders.
What Happens if I am Convicted of a Felony DWI (DWI 3rd or more)?
If you have been arrested and charged with a Felony DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, Texas law provides that you could face anywhere from 2 years to 10 years in the Texas Department of Corrections (prison), large fines, court costs and the suspension of your Texas driver’s license for a period of time ranging from 180 days to 2 year. Also, if your Felony DWI was committed within 5 years of your DWI (1st or 2nd offense), your driver’s license can be suspended for a period of time ranging from 1 year to 2 years.
If you receive community supervision (probation) in Tarrant County for your Felony DWI, you will be required to complete all of the probation conditions of a DWI (2nd offense) as well as the following: a minimum of 10 days in jail as a condition of your probation.
What Can A Fort Worth DWI Lawyer Do To Fight My Case?
If you are facing a DWI case in Texas, you need a Fort Worth DWI lawyer that will examine all options to minimize your risk and ensure you receive the best possible outcome. We have been examining the possible DWI punishments if you are convicted but your Fort Worth DWI lawyer should do some of the following to give you the best chance at success:
- Review your DWI reports and compare them to the body and patrol camera footage
- Share the evidence with you to receive your input. You were at the scene and your story matters!
- Determine if there was reasonable suspicion for the traffic stop or investigation
- Review the administration of any field sobriety tests to ensure they were administered according to the required standards of the National Highway Traffic And Safety Administration.
- Determine if probable cause existed for your arrest considering the totality of the circumstances
- Analyze the breath test or blood draw to determine if it was legally obtained and admissible in court.
Schedule a Free Consultation With a Fort Worth DWI lawyer For Your DWI Probation Case in Texas
Additional Criminal Consequences
The punishment that you face for a DWI depends largely on your level of intoxication, the circumstances of the incident (e.g. you have a child in your car or you injure someone), and your prior offenses. Read our post on how multiple DWI penalties in Texas stack up. Here’s a quick rundown of what might happen to you if you are convicted of DWI:
- Jail: 3 – 180 Days
- Fine: Up To $2,000
- Court Costs: Up To $1,500 (Approximate)
- Texas Driver Responsibility Program (Surcharge For License Reinstatement): $1,000 – $2,000
- License Suspension: Up To 1 Year
- Jail: 30 Days – 1 Year
- Fine: Up To $4,000
- Court Costs: Up To $1,500 (Approximate)
- Texas Driver Responsibility Program (Surcharge For License Reinstatement): $1,500 – $2,000
- License Suspension: Up To 2 Years
- Jail: 2 – 10 Years
- Fine: Up To $10,000
- Court Costs: Up To $1,500 (Approximate)
- Texas Driver Responsibility Program (Surcharge For License Reinstatement): $2,000+
- License Suspension: Up To 2 Years
4th DWI (Second Degree Felony)
- Jail: 2 – 20 Years
- Fine: Up To $10,000
- Court Costs: Up To $1,500 (Approximate)
- Texas Driver Responsibility Program (Surcharge For License Reinstatement): $2,000+
- License Suspension: Up To 2 Years
Judges and Prosecutors in Texas have a lot of discretion when it comes to your jail sentence, fine and other punishment. Specifically, depending on your circumstances, you might be granted a more lenient sentence. So, instead of being ordered to serve a lot of time behind bars, you might alternatively be ordered to undergo probation (generally between six months and two years), community service, and completion of a DWI awareness program. Probation generally costs between $50 and $100 per month, and an alcohol education course runs between $100 and $200. To the extent that alcohol-related treatment and rehabilitation is required, then this could cost you thousands of dollars.
You might also have to install an ignition interlock device (IID) on your car. This is used to determine your BAC before you drive your car. Notably, an IID is required as a condition of you being released on bail if you are a repeat DWI offender or you are charged with a felony DWI. An IID costs between $75 and $100 per month excluding the costs of repairs.
Moreover, when you are arrested, the police might have your car towed and impounded. A tow charge runs between $250 and $500 while an impoundment fee runs about $25 per day.
How You Get Arrested For DWI
The Police Stop You Because They Have Reasonable Suspicion Of You Breaking A Law
In Texas, the police are able to stop you as long as they reasonably suspect that you have committed an offense. Basically, reasonable suspicion is more than simply the police officer’s hunch or wild guess that you are breaking the law. Rather, it must appear to the police that you may have committed an offense of some sort. Often, the police have reasonable suspicion of you committing an offense if they think that you might have been speeding, swerving or rolling through a stop sign.
During the stop, the police might suspect that you are driving while intoxicated. Perhaps they see that your eyes are glossy or that you smell like alcohol. Maybe you have an open container in the car which is visible to them. Whatever the case may be, if the police become more suspicious that you are driving while intoxicated, then their next step will likely be to administer a field sobriety test on you to gauge whether you are intoxicated.
The Police Ask You To Take A Field Sobriety Test
If the police believe that you are driving while under the influence of alcohol or drugs, then they will typically ask you to take a field sobriety test. Specifically, the field sobriety test consists of three separate tests that are used to determine your impairment.
Horizontal Gaze Nystagmus (HGN) Test
Police typically hold an object such as a flashlight or pen in front of you, and they ask you to follow that object with your eyes as they move it horizontally (back and forth). If there is an involuntary jerking of your eyeball when your eyes gaze to the side, then you will likely fail this test.
Walk-And-Turn Test
Police have you take nine steps along a straight line by touching heel-to-toe. You then turn on one foot, and walk back to the starting point in a straight line by touching heel-to-toe. In this test, the police look for indicators of impairment which could include your lack of balance or inability to follow instructions.
One-Leg-Stand Test
Police have you stand with one foot about six inches off of the ground and have you count until you are told to put your foot down. In this test, the officer examines your balance, so if you are swaying or hopping, you will likely fail the test.
Field Sobriety Test Considerations
Field sobriety tests are notoriously faulty. For example, with an HGN test, there may not be any evidence of your failure of the test besides the officer’s testimony. With a walk-and-turn test, you might fail because you freaked out for being pulled over, not because of intoxication. And with a one-leg-stand test, you might fail because you have bad balance – not because you are drunk. Moreover, if you are administered any of these three tests, you might fail because of your underlying physical or medical health conditions or your use of prescription medications. For this reason, a field sobriety test alone is not necessarily conclusive of your impairment.
Further, field sobriety tests are arguably set up so that you will fail. Chances are, if an officer asks you to take a field sobriety test, then they already want to arrest you and are just trying to get more evidence to justify doing so.
Most importantly, you are not legally required to take a field sobriety test, and taking it could do you more harm than good. But if you refuse to take it when you are asked to do so by the police, then the officer could use your refusal as probable cause to arrest you, and a judge or jury might determine that your refusal to submit to the field sobriety test was due to intoxication. Fortunately, even if you take it and fail, then you could still fight a DWI charge in part based on the lack of reliability of these tests.
The Police Ask You To Take A Chemical Test To Determine Your BAC
After you take a field sobriety test, or after you refuse to take it, the police will probably arrest you for DWI. The next thing that the officer will likely do is ask you to take a breathalyzer or other chemical sobriety test. Specifically, under Texas implied consent law, if you are lawfully arrested, then you must submit to a chemical test so that the police can determine whether you are intoxicated. A lawful arrest means that the police officer has reasonable suspicion to stop you and probable cause to believe that you are driving while under the influence of drugs or alcohol.
Despite having their own potential problems, chemical tests can objectively tell whether you have alcohol or controlled substances in your system. Chemical testing is currently the only scientific way of determining whether your alcohol concentration exceeds state limits. So, if you take a breathalyzer test which shows that your BAC exceeds the legal limit, then you will in all likelihood be charged with DWI. Keep in mind that to be convicted of DWI, the district attorney (prosecutor) who charges you with the offense must prove that you actually operated a vehicle while impaired. The district attorney relies heavily on the results of your chemical test for this purpose.
You Could Possibly Refuse A Chemical Test, But There Are Consequences
Before asking you to take the chemical test, the police officer must warn you that your refusal to take it carries legal consequences. The warning – which is more formally known as a DIC-24 Statutory Warning – could consist of the following statement:
“If you refuse or fail to take this chemical test, then your driving privileges will be immediately suspended, and you will have to pay a fee to have those privileges reinstated.”
If you agree to take the test, then you will typically be asked to confirm your decision through signing a document. You might think that you should refuse the test if you don’t feel drunk. Remember, the chemical test – not your perception of intoxication – is a more objective indicator as to whether you are intoxicated. It is generally not a good idea to refuse the test especially if you are confident that you are not intoxicated.
If you refuse to submit a sample of your blood, breath or urine to the police in connection with a chemical test that is used to determine your level of intoxication, then your license will be suspended for at least 180 days. A subsequent refusal carries a two-year suspension. It is important to remember that you do not even need to be charged with DWI for your license to be suspended based on a refusal. Moreover, your refusal does not prevent you from being charged with DWI.
Additionally, you might not be able to refuse chemical testing. Specifically, the police can physically draw your blood without your consent and without a warrant in limited circumstances including when you are involved in an accident which results in someone’s death. Also, you may have heard about “no refusal” weekends.
Many drivers think that if they are pulled over on a no refusal weekend, then they have to consent to testing. This is untrue. No refusal weekends simply give the police more resources to obtain a search warrant on the spot. If the police get a warrant soon after you have been pulled over, then you have to comply with their orders.
DWI Defenses From a Fort Worth DWI Lawyer
When it comes to a DWI charge, remember that the district attorney must prove beyond a reasonable doubt that you were in control of your vehicle and that you were intoxicated. If the district attorney cannot prove this, then you cannot be convicted of DWI. In addition, there are certain valuable defense strategies that can really help weaken the district attorney’s entire case against you. Here’s a rundown of some of the most important defenses that might be applicable in your case.
You Weren’t Driving Or Operating The Motor Vehicle
If you were not driving the car, then you should be able to defend against a DWI conviction. A successful defense in this respect means showing that you were not driving your car and that you were not in control of it. For example, if the police see you playing beer pong next to your car while at your friend’s house, then the police might arrest you for DWI.
However, your attorney could show that your keys were inside of your friend’s house and that you planned on staying at your friend’s house overnight to sober up. If you can cast doubt on the district attorney’s theory of you operating your car, then you might be able to stave off a DWI conviction.
The Police Did Not Have Reasonable Suspicion To Stop You Or Probable Cause To Arrest You
Was Your DWI Traffic Stop Legal?
Determining whether you were stopped legally before a DWI arrest is extremely important because if the arresting officer did not have a reason compelling enough to pull you over before your arrest, the DWI charges and any other violations you incurred after the stop could all be inadmissible in Court. That means the charges against you would be dropped or the case would be dismissed. Either way, you could walk away without a scratch on your criminal record.
To determine if you were stopped legally prior to your DWI arrest, first you need to know how Texas law defines a legal traffic stop and what is required before an officer pulls you over. If you have been arrested for DWI or DUI in Fort Worth, Arlington, Grapevine or in the surrounding cities of Tarrant County, it is likely that you were initially stopped after a police officer noticed something suspicious about your driving or about your vehicle that caused him to initiate a traffic stop.
Probably Cause vs. Reasonable Suspicion
It is a common misconception to think that a police officer needs probable cause to make a traffic stop. In reality, Texas law merely requires reasonable suspicion of criminal activity based upon articulable facts (usually provided by a police officer) for the police officer to initiate a traffic stop.
For example, if a police officer pulls you over and ends up charging you with DWI, but the basis for the traffic stop is merely a hunch, an unfounded suspicion, or curiosity as to what you were doing, the stop will be deemed illegal and any evidence collected after the stop will be prohibited from being used against you.
What Legal Reasons Can Police Pull You Over for in a DWI Stop?
- Expired Inspection Sticker
- Broken Headlight
- Expired Registration
- Failing to Indicate with Turn Signals
- Running Your Plates & Finding Active Warrants
- Speeding
- Running a Red Light
- Driving Recklessly
- Broken Brake Light or Tail Light
Any violation of traffic laws or issues with your car that create a safety concern can warrant a legal stop.
What Is The Most Common Trigger for a Legal Stop Before DWI Arrest?
The most common reason a police officer establishes reasonable suspicion to make a DWI traffic stop is a traffic violation. If you were speeding, running a red light or changing lanes without using a turn signal, the police officer will always be justified in making a traffic stop. Additionally, if you were driving with an expired inspection sticker, a broken tail light or any other minor infraction (that may or may not be an actual crime), the police officer will legally be permitted to make a traffic stop.
Although it would appear that a police officer would be able to justify any DWI stop under the current law, there are limitations upon when a traffic stop would be justifiable under the law.
Examples of Illegal DWI Traffic Stops Under Texas Law
Weaving within one’s lane of traffic is one example of an illegal DWI stop. A common reason for officers to pull someone over is an observation of the driver weaving within their lane while driving. If the officer merely observed the citizen weaving within their own lane, as opposed to weaving into other lanes of traffic, the officer will be required to explain how weaving within one’s own lane of traffic resulted in unsafe driving. If weaving within one’s own lane of traffic was the sole basis for the traffic stop and the police officer is unable to establish that the citizen’s driving was unsafe, it is highly likely that the stop will be determined to be illegal.
Another example of an illegal DWI traffic stop in Texas is a police officer watching you leave a bar or nightclub at closing time and pulling you over. Walking out of a bar does not amount to reasonable suspicion either, and this is an illegal stop. Any evidence or other charges that follow after an illegal stop can be thrown out, deemed inadmissible by the Courts if proven illegal.
You have the right under the Fourth Amendment to the United States Constitution to be free from illegal searches and seizures. If you have been charged with DWI, then for that charge to stick, the police must show that they had probable cause to believe that more likely than not, you committed an offense. The police might have probable cause to believe that you are drunk based on things like your lack of coordination, glassy eyes or slurred speech. They might observe a strong odor from your breath, or might administer a field sobriety test that you fail. In those situations, the police very well might execute a seizure by insisting that you take a chemical test to determine your BAC.
However, if the police randomly target you or pull you over for no reason, or you do not exhibit any signs of intoxication, then it becomes much more difficult for the police to later demonstrate that they were justified in both arresting you and subjecting you to a chemical test. Without probable cause, there is typically no valid basis for the police officer to make you take a chemical test.
So, if the police arrested you for no good reason and made you take a chemical test, then this could amount to a violation of your Fourth Amendment rights regardless of whether you were over the legal limit. If your attorney is successful in arguing that your constitutional rights have been violated, then your case should be tossed.
You Were Not Administered A Miranda Warning Or Implied Consent Warning
If you are arrested and asked to submit to a chemical test that determines the presence of alcohol or other controlled substances in your system, then before you take that test, the police have to warn you about what happens if you don’t comply. If the police did not warn you about these consequences, then this could serve as a defense in your DWI case.
Also, a Miranda warning is where the police tell you that you have the right to remain silent, that anything you say can be used against you in a court of law, and that you have the right to an attorney when the police question you. If you were not read a Miranda warning during the time that you were both in police custody and subjected to an interrogation, then any incriminating statement that you made (e.g. “I shouldn’t have had whiskey”) might be excluded (suppressed) at your DWI trial by way of a motion that your attorney files with the court.
You Took An Inaccurate, Defective Or Improperly Handled Breathalyzer Test
For a breathalyzer to be admissible in court, the following requirements generally apply:
- The breathalyzer has to be deemed an acceptable device by the State of Texas.
- The device has to be properly checked and maintained for accuracy.
- The person who administers the test has to be certified in using that device.
- The person has to administer the test based on the training that they receive.
- Immediately prior to the reading, the person has to make sure that you are not vomiting, burping, smoking or eating.
- Multiple tests have to be administered – and the readings have to be within close proximity to each other (e.g. two BAC readings that are within .02 of each other).
Your attorney could challenge the breathalyzer test that was used on you by showing that the equipment was faulty or not handled properly. Your attorney could seek out the breathalyzer records which might uncover evidence of improper maintenance and calibration. If the test is deemed invalid by the court, then the district attorney might not be able to land a DWI conviction.
Moreover, some underlying health conditions could affect a BAC reading. For example, if you have diabetes, then the ketones in your breath might have thrown off the breathalyzer results. If you had mouthwash or any other chemicals in your system, then this could have rendered a breathalyzer test inaccurate.
Fort Worth DWI Lawyer Explains DWI Blood Tests in Texas
The requirements under which a blood test can be drawn from a citizen in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County is controlled by the Texas Transportation Code governing blood draw laws for the entire State of Texas. If you consented to or were forced to give a blood test, the first question that must be answered is whether your blood test was as a result of a request from a law enforcement officer or if the blood test was drawn at a hospital for medical purposes.
If your blood test was requested and drawn as a result of a request of a law enforcement officer, the provisions of the Texas Transportation Code §724.017 has control of jurisdiction. The prosecution will be required to prove that your blood sample was taken: (1) at the request or order of a peace officer, (2) by a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse, (3) in a sanitary place.
It is very important that the legality of the blood draw is explored thoroughly, because the punishment for DWI and repeat offenders is staggering.
Is it Legal to Forcibly Draw the Blood of a DWI Suspect in Texas?
Under Texas law, there are circumstances in which a person can be compelled, or forced, to give a sample of their blood.
Texas Transportation Code §724.012. TAKING OF SPECIMEN states:
“(a) One or more specimens of a person’s breath or blood may be taken if the person is arrested and at the request of a peace officer having reasonable grounds to believe the person:
(1) while intoxicated was operating a motor vehicle in a public place, or a watercraft; or
(2) was in violation of Section 106.041, Alcoholic Beverage Code.
(b) A peace officer shall require the taking of a specimen of the person’s breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft and the person refuses the officer’s request to submit to the taking of a specimen voluntarily:
(1) the person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer reasonably believes that as a direct result of the accident:
(A) any individual has died or will die;
(B) an individual other than the person has suffered serious bodily injury; or
(C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment;
(2) the offense for which the officer arrests the person is an offense under Section 49.045, Penal Code; or
(3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person:
(A) has been previously convicted of or placed on community supervision for an offense under Section 49.045, 49.07, or 49.08, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections; or
(B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections.
(c) The peace officer shall designate the type of specimen to be taken.”
What If They Served Me With a Warrant For My DWI Blood Test?
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you were served with a warrant forcing you to give a blood sample it is important to remember that although this may be lawful, the police must follow strict requirements for your blood result to be admissible in court.
Is it Legal for a Search Warrant to be Issued to Draw Blood Without My Consent?
Yes, it is legal for a search warrant to be issued allowing police to forcibly draw blood without your consent. However, the law enforcement officers have to cross their t’s and dot their i’s because they must follow very detailed protocol for the blood draw to remain legal and admissible in court as evidence.
Because a search warrant authorizing law enforcement to compel a sample of your blood is treated as an evidentiary search warrant under the Texas Code of Criminal Procedure Article 18.02(10), police officers must take care to meet the following requirements:
- a DWI blood search warrant must be signed by a magistrate (not a justice of the peace judge or municipal court judge); and
- the affidavit accompanying the warrant must sufficiently establish probable cause that you committed the crime of DWI; and that
- the specific evidence sought to be seized would constitute evidence necessary for the DWI.
How Do the Results of a BAC Blood Test Affect My DWI Case in Texas?
Although Texas courts have held that a DWI blood test result is relevant to the issue of intoxication, it is important to remember that a DWI blood test result does not prove that you were intoxicated at the time of driving. Under Texas law, the prosecution must prove beyond a reasonable doubt that you were intoxicated at the time you were operating your motor vehicle.
A specific blood test result obtained hours after a DWI arrest provides no specific conclusions as to whether or not you were intoxicated at the time you were initially stopped for suspicion of DWI. As a result, prosecutors will attempt to rely upon Retrograde Extrapolation as a means of going back-in-time to determine your blood alcohol level at the time you were driving.
Retrograde Extrapolation to Determine BAC Hours Later
In order for the prosecution to perform the computations necessary to perform Retrograde Extrapolation, they will need certain information that only you could have provided during your interview with the police officers. Texas case law has established the minimum amount of information that would be needed in order to determine your blood alcohol level at the time of driving: weight, time of your last drink, and the period of time you had been drinking.
However, there are other factors that can affect the accuracy of the retrograde extrapolation analysis (ex. How much you had to eat and when you ate it, etc).
If you have been arrested for DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you may have been asked by a police officer to submit to a blood test. Generally, once you have been arrested for DWI by a Tarrant County police officer, the next step for you is to decide whether you should agree to give a sample of your breath or blood to be analyzed.
Your BAC Was Only Above The Legal Limit After You Were Arrested
Another problem with blood tests is that they might have reflected your BAC following the point that you were arrested. If your BAC was under the legal limit when you were arrested but it rose above the legal limit by the time that your BAC was determined, then you could argue that there was a change in your BAC that shouldn’t be held against you. Critically, alcohol is not always fully absorbed in the body at the time of arrest.
You Were Intoxicated Against Your Will
It is also possible that you were drugged or otherwise coerced into drinking something which you did not realize contained a high level of alcohol – or at least an amount which placed you above the legal limit. To the extent that you did not voluntarily become intoxicated, then this could serve as a basis for your acquittal.
Keep in mind that if you knew what you were drinking, and you got drunk, then it is typically no defense to claim that you did not know that you were driving drunk. More specifically, your involuntary intoxication could serve as a defense – not your voluntary toxication (e.g. blacking out).
You Were Told To Take An Unreliable Field Sobriety Test
Field sobriety tests are not always admissible at trial because of how unreliable those tests are. Sometimes the tests are not even used to evidence probable cause. If the district attorney wants to introduce the test in your case, then they must show that the test you took was viable. To do this, there must be clear evidence that the officer administered you the test according to approved standards. The police officer in your case might have caused you to take an unfair roadside test or failed to give you correct instructions. For those reasons, a field sobriety test could be challenged.
Keep in mind that the police do not have the right to search for evidence without your consent unless they have a warrant. Field sobriety tests are a form of searching for evidence. Unfortunately, you may get arrested if you refuse the field sobriety test, but this should not deter you from refusing to take one if you are pulled over. Critically, if an officer asked you to take a field sobriety test, then they probably decided to arrest you and they were just trying to get more evidence of your intoxication. The district attorney might aim to use your field sobriety test results to prove that you were guilty of DWI. But if this test is excluded at trial, the district attorney might have a harder time arguing that you were intoxicated.
You Were Mistreated By The Police
Sometimes police just don’t handle the traffic stop right and things spiral out of control from there. With DWI offenses, the police might not follow the rules, placing you in a really bad spot. You might be threatened, coerced, or intimidated by law enforcement into acting on their demands. Maybe the police don’t like the color of your skin. Before you know it, you could be arrested for DWI for all the wrong reasons. In some cases, police mistreatment can evidence a violation of your rights. So, if the police violated your rights in connection with your DWI charge, then your case should be dismissed.
You Had An Emergency And It Was Necessary For You To Drive
You could defend against a DWI based on there being an emergency that you needed to respond to. For example, your family member might have needed medical attention because they had a heart attack or stroke, and your aim was to get them to the hospital as soon as possible. Alternatively, you might have been responding to a situation in which someone who was elsewhere was in danger and they needed you to pick them up.
You Were Under Duress
You could defend against a DWI charge based on being forced by someone to drive while you were intoxicated. So, if the only reason that you drove while intoxicated was that you believed that you would otherwise be seriously injured or killed by someone, then you could argue that you were under duress.
Destroying The Credibility Of Witnesses
At your trial, the district attorney will rely upon the testimony of your arresting officer and the testimony of other witnesses in order to sell their case against you to the judge or jury. However, your defense attorney might be able to cast a lot of doubt on the credibility of those witnesses.
For example, the police officer might say that your slurred speech served the basis for them to have probable cause to arrest you. But what if you had a speech impediment or other disability which caused you to slur your words. The officer might say that they had probable cause to arrest you based on your visibly red eyes. But what if you had allergies which caused your eyes to get red? The district attorney might put an expert witness on the stand to testify about the validity of the devices which were used to test your BAC, but what if that expert witness is relying upon bad information in drawing a conclusion or opinion about its validity?
The district attorney might depend heavily on bad facts and bad witnesses in arguing that you were driving while intoxicated. Your attorney’s job is to discredit these witnesses to the maximum extent possible. Moreover, your attorney could place witnesses on the stand to testify as to your sobriety at the time of the incident, or could use witnesses who argue that the chemical testing devices did not work properly or that the police mishandled your blood, breath or urine samples.
Disputing Your Driver’s License Suspension
If you provide the police officer with a blood test following your arrest, then you will generally keep your driver’s license until the results of your test are obtained by Texas Department of Public Safety (TxDPS). If TxDPS determines that your BAC was above the legal limit, then you will be issued a notice of suspension / temporary driving permit. You only have 20 days from being mailed this notice to request a hearing to challenge your suspension.
However, if you refuse chemical testing, or a breathalyzer shows that your BAC was above the legal limit, then the police officer might confiscate your license and then issue you a notice of suspension / temporary driving permit. In this case, you only have 15 days from being issued this notice to request a hearing to challenge your suspension. If you do not request a hearing in time, then your license will be suspended on the 40th day following notice. If you request a suspension, then you will be allowed to drive at least until your hearing.
The Administrative Law Revocation Hearing
If you appeal your suspension, then TxDPS will schedule your Administrative Law Revocation (ALR) hearing within approximately 30 to 120 days. The ALR program, which is conducted by the State Office of Administrative Hearings (SOAH), is a civil process that is unrelated to your criminal matter. ALR proceedings are overseen by an administrative law judge. ALR requires TxDPS to suspend or disqualify your license if you are arrested for driving while intoxicated.
At your ALR hearing, TxDPS will try to prove to a judge that your BAC exceeded the legal limit or that you refused the blood or breath test. In addition to determining whether your BAC in fact exceeded the legal limit, the judge also analyzes the evidence to determine if the police officer had a reasonable suspicion to pull you over and probable cause to arrest you for DWI. If TxDPS claims that you refused to be tested, then the judge must decide whether you indeed refused. They also determine if the officer had reasonable suspicion to pull you over and probable cause to arrest you.
Prior to making a decision, the judge will hear your attorney’s arguments and TxDPS lawyers’ arguments, while also taking into account testimony from your arresting officer and other relevant individuals. If you prevail at this hearing, then your license will not be suspended. But if you do not prevail, then you still have an opportunity to save your license by appealing that decision within 30 days of being notified about it. Filing an appeal will at least prevent your license from being suspended for 90 days to allow for your appeal to take place.
If the appeals court agrees with you, then it will order TxDPS to reissue your license. But if you lose, then your suspension goes into effect and you may have to wait until your suspension concludes to get your license reinstated. Remember that if you get your license reinstated, then for three years from the date of your conviction, you will have to pay a surcharge of between $1,000 and $2,000.
You Might Get Driving Privileges Even If You Are Convicted Of DWI
Texas allows you to get limited driving privileges as long as you need them for an occupational, educational, vocational or medical purpose. If you are eligible, then you can apply for an occupational license which enables you to drive to work, school, the doctor’s office and other important places which are approved by the court during the time that you serve your DWI suspension.
You are not guaranteed to get an occupational license. To obtain one, you’ll have to file a petition and go through TxDPS requirements.
In some situations, you may have to wait a certain period before you are eligible. Specifically, you’ll have to wait 90 days for an occupational license if you have been previously suspended for an alcohol or drug-related offense. If you have an intoxication-related conviction, then you have to wait 180 days. And if you already have two administrative license revocations on your record, then you have to wait one year.
If you are successful in your petition for an occupational license, then the judge will grant you one. You then hand TxDPS the petition, court order, financial responsibility insurance certificate, payment of an occupational license fee, and payment of a reinstatement fee. However, you are allowed to use the court order as your driver’s license until everything gets approved through TxDPS.
Finally, be prepared for your insurance premiums to go up. Typically, you’ll have to carry greater liability coverage for auto insurance as a condition of having your license reinstated. The insurance company will likely increase your premiums the moment that they are notified that you have been charged with DWI.
Why Hire An Experienced Fort Worth DWI Attorney?
Your Freedom Is At Stake
The more severe your jail sentence, the less freedom you have. This can be mentally jarring. It can lead you to have strained relationships with your family members or others who have been reliant on you. If you do not have a skilled DWI attorney on your side who is aggressively fighting your DWI charge, then you run the risk of a longer jail sentence – especially if you have one or more prior convictions on your record.
Your Career Is At Stake
Even if you don’t get a long jail sentence, you could lose your job. Plus, a DWI conviction could follow you for the rest of your life. This could be really harmful to you if you are applying for a job, loan or a lease because a DWI conviction will show up on your criminal background check. An experienced Criminal defense attorney in Fort Worth will keep your employment needs in mind and do what they can to help you protect your career.
Will a DWI Affect My Job?
This may leave you questioning whether a DWI will affect your own employment. The answer, unfortunately, is that it depends. If you work in the transportation industry or have a job that exposes you to the public eye, you are more likely to suffer employment consequences.
Particularly important to the context of DWIs is that Texas is an “at-will” employment state. This means that in the absence of an express agreement, such as an employment contract, the employer can terminate the employee for any reason at all, or even for no reason.
In other words, your employer is completely within their rights to fire you for a DWI arrest or conviction, and does not need to provide justification to do so.
DWIs and Background Checks in Texas
The other thing to understand is that a DWI will show up on a criminal background check. Under the Fair Credit Reporting Act, DWI arrests remain on your criminal background for up to seven years. That’s bad. DWI convictions are worse, though – they remain on your criminal record forever.
Generally, federal law prohibits employers from refusing to hire an applicant strictly due to a DWI conviction. However, there are exceptions to this for workers in the nursing, healthcare, childcare, and transportation industries.
Further, even though it is illegal to toss your application expressly for a DWI conviction, it’s all too easy for prospective employers to find “other reasons” not to hire you if you have a DWI on your record.
Your Driving Privileges Are At Stake
When you are arrested for DWI, your license will be suspended unless you challenge this suspension at a hearing and fight the DWI charge. Critically, this requires that you prove that the officer lacked probable cause in arresting you for DWI. This could be incredibly challenging. A skilled DWI attorney can poke holes in the police’s testimony and raise serious questions about whether they had proper justification. Not only that, but even if a conviction appears likely, a skilled DWI attorney will fight to get your license suspension to be as short as possible while helping you obtain limited driving privileges.
A Novice Attorney Might Make Serious Mistakes Pre-Trial
In your criminal case, you’ll likely have to attend a number of hearings. These hearings involve your attorney’s requests for evidence on your case, and involve the resolution of certain contested matters before trial. If your attorney is not familiar with DWI laws or taking cases to trial, then they might not request useful evidence that meaningfully goes towards your defense (e.g. witness statements, police reports, videos). They might have trouble analyzing and presenting evidence for your defense.
You Might Take A Bad Deal
When you are charged with DWI, you’ll likely be presented with a plea bargain by the district attorney which, if accepted, involves you pleading guilty in exchange for a less severe punishment. However, there might be important evidence that points to you not committing the offense. There could be perfectly valid reasons to contest the DWI charge, but your attorney might not know about this if they are not well versed on DWI laws. If you give up too early, then you could end up with harsher consequences than you may receive if you negotiate more vigorously with the district attorney or take your case to trial. A solid DWI lawyer will thoroughly review your case to determine whether a plea bargain is appropriate.
You Might Get Destroyed In Trial
If your case goes to trial, then it is imperative for your attorney to put on the best defense possible so that a judge or jury finds you not guilty. However, this might be a tall order for some attorneys who aren’t used to the courtroom or who don’t know about less common defenses that may be applicable in your case. An unprepared lawyer could ruin your DWI case.
You Might Not Be Able To Afford A Conviction
DWIs can be expensive, and many people cannot afford the financial blow associated with a conviction. You could avoid a financial calamity by having a knowledgeable and experienced DWI attorney fighting your charges whether that be through persuading the district attorney to offer you the best possible deal, or through efficiently and effectively presenting your case at trial in hopes of staving off a conviction. An incompetent attorney can cost you a lot of money in more ways than one.
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The Fort Worth DWI Lawyers At The Hampton Criminal Defense Attorneys, PLLC Are Here For You
With so much on the line in your DWI case, it is essential that you consult with an experienced criminal defense attorney who is well versed on Texas DWI laws. The criminal defense attorneys at The Hampton Criminal Defense Attorneys, PLLC have extensive experience protecting the rights of Texans who have been charged with DWIs. We are on your side and will do everything we can to get you out of this jam. For a free consultation, reach out to The Hampton Criminal Defense Attorneys, PLLC today by calling (817) 826-9905 or by contacting us online.
Frequently Asked Questions
What Happens After You’re Arrested for DWI in Texas?
After Your DWI Arrest
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you were likely transported to the police department and given statutory forms that required you to immediately decide whether to give a breath or blood test.
Did You Know that Texas Law Implies Your Consent to a DWI Breath or Blood Test?
Under Texas Transportation Code §724.011, if you are arrested for a DWI or BWI (Boating While Intoxicated) you are deemed to have consented “to submit to the taking of one or more specimens of (your) breath or blood for analysis to determine the alcohol concentration or the presence in (your) body of a controlled substance, drug, dangerous drug or other substance.”
Although Texas law presumes that you have consented to a breath or blood test at the time of your DWI arrest, you have the option to refuse to submit to a breath or blood test. However, Texas law punishes you for refusing to submit to a breath or blood test by extending the length of your driver’s license suspension (See DWI Driver’s License Suspension).
The Statutory Warning: DIC-24
After your DWI or DUI arrest, the police officer is required to provide you a written copy of a statutory warning, known as the DIC-24. The DIC-24 statutory warning is a form that informs a person arrested for DWI that they have been arrested for a DWI or DUI and that a breath or blood specimen is being formally requested by law enforcement to determine your alcohol concentration.
Normally, the police officer quickly reads through the DIC-24 while you stand nervously in the corner of the Intoxilyzer room. The police officer will ask you to follow along and quickly inform you of the following:
“If you refuse to give the specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit, or privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are prosecuted for this offense. If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of 0.08 or more, your license, permit or privilege to operate a motor vehicle will be suspended for not less than 90 days, whether or not you are subsequently prosecuted for this offense. If you are younger than 21 years of age and have any detectable amount of alcohol in your system, your license, permit or privilege to operate a motor vehicle will be suspended for not less than sixty (60) days. However, if you submit to the taking of a specimen and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08, you may be subject to criminal penalties less severe than those provided for under Chapter 49, Penal Code.”
After being read the preceding information, the police officer will then ask you to give a specimen of your breath or blood. It is the police officer’s choice as to whether to ask you for a breath or blood test.
What if I asked for the help of an attorney or didn’t understand the DIC-24?
You were likely very nervous, upset and possibly emotional as the officer quickly read through the details of the DIC-24 statutory warning. A reasonably educated non-intoxicated Tarrant County citizen could easily be confused by the details of the DIC-24 (considering all of the different suspension periods listed and the legal language used in creating the form). If you were confused or wanted questions answered regarding the content of the DIC-24, it is likely that the police officer only responded by repeatedly asking you whether you would submit or refuse the breath or blood test. If you continued to ask questions and wanted clarification regarding the meaning of the DIC-24, it is likely that the police officer treated your inquiries as a refusal and marked you as a REFUSAL on the DIC-24 form.
Additionally, many Tarrant County citizens that become confused by language in the DIC-24 will ask to speak to an attorney before submitting or refusing to submit to a DWI breath or blood test. Unfortunately, if you ask to speak to a criminal attorney, most Tarrant County police officers have been trained to inform you that you do not have a right to speak to an attorney (which is true but very few citizens know or would assume to be true) and will mark you as a REFUSAL on the DIC-24 form.
At The Hampton Criminal Defense Attorneys, PLLC, we understand that the forms provided to you and the events that transpired after your DWI arrest may have been confusing and overwhelming. Call The Hampton Criminal Defense Attorneys, PLLC now to schedule a free consultation and allow the DWI trial team to answer all of your questions.
Are Breath Test Refusals Legal and am I Considered Guilty if I Refuse a Breathalyzer in Texas?
If you have been arrested and charged with a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and you refused to submit to a DWI breath test, it is important to understand how the courts and the jury will be permitted to evaluate your refusal. Under Texas case law, a jury MAY, but is not required, to conclude that your refusal to give a breath test is evidence of your guilt. However, it is important to remember that the prosecution carries the burden of proving beyond a reasonable doubt that you are guilty of DWI. Without a breath or blood test result, the prosecution will be required to rely upon the subjective observations of the arresting police officer that administered the standardized field sobriety tests, the video showing your behavior and performance on the standardized field sobriety tests (if you performed any tests), and any driving facts that may or may not indicate possible signs of an intoxication.
Regardless of whether you have submitted to or refused a DWI breath test, it is important that you have the peace of mind of knowing that when you hire The Hampton Criminal Defense Attorneys, PLLC, you will have a legal team of former Tarrant County prosecutors that have tried over 100 DWI jury trials in the courts of Tarrant County, Texas, heading your DWI defense.
At The Hampton Criminal Defense Attorneys, PLLC, we even the odds for those charged with a DWI in Fort Worth or the surrounding cities in Tarrant County by ensuring that if your case goes to trial, you will be defended by a team of experienced DWI lawyers that have both misdemeanor and felony DWI experience. Call The Hampton Criminal Defense Attorneys, PLLC now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your DWI case.
Do I Have to Install a Breathalyzer Interlock Device in My Car for DWI Probation?
Ignition Interlock Device Requirements for DWI Bond in Tarrant County
If you have been arrested for a DWI in Forth Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you may be required to install and use an Ignition Interlock Device as a condition of your bond. Under the Texas Code of Criminal Procedure Article 17.441, your trial judge will be required to order you to install and use an Ignition Interlock Device as a condition of your bond if you have been charged with a second DWI or felony DWI. Texas laws regarding these blood alcohol testing devices varies dramatically; judges can decide whether you have to install an Ignition Interlock in some cases and in others the law requires it.
When Can a Judge Order an Ignition Interlock Device Installation for DWI Bond or Probation?
If you have been convicted for any of the following cases in the courts of Tarrant County, Texas and have received community supervision (probation), the judge MAY, but it is not required to order that an ignition interlock device be installed and used your vehicle as a condition of your probation or community supervision:
- DWI (first)
- DWI 2nd
- 3rd DWI
- Felony DWI
- DWI with child passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or operating amusement ride while intoxicated
- Intoxication Assault
- Intoxication Manslaughter
A Texas judge MAY also require that an ignition interlock device be installed and used on your motor vehicle if you seek an occupational license and your license has been suspended as a result of a conviction for a DWI, Intoxication Assault or an Intoxication Manslaughter. In Texas, judges are given a great deal of discretion when it comes to ignition interlock systems to prevent repeat or habitual DWI offenders from driving drunk again. However, in some situations Texas law makes ignition interlock systems mandatory.
When is an Ignition Interlock System Mandatory in Texas for DWI?
There are certain circumstances in which a judge MUST order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision. If you have been convicted and received community supervision for a DWI, Flying While Intoxicated or Boating While Intoxicated (BWI) and your blood alcohol content (BAC) was greater than .15, the judge must order that an ignition interlock device be installed and used on your motor vehicle as a condition of your probation.
A judge must also order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision if your license has been suspended as a result of a conviction for a 2nd DWI, felony DWI, Intoxication Assault or Intoxication Manslaughter. In these cases there is no getting around the installation of a breathalyzer device in your car according to Texas laws.
Schedule a Free Consultation For Your DWI Probation Case
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your case and any bond conditions that may have been assessed. Our team of defense attorneys has tried over 100 DWI jury trials. When your future is on the line, experience matters. Give us a call at 817-435-2909.
What are Texas Laws Regarding Breath Tests for DWI & BAC?
DWI Breath Tests and What to Do
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you were likely asked by a police officer to submit to a breath test. Generally, once you have been arrested for DWI by a Tarrant County police officer, the next step for you is to decide whether you should agree to give a sample of your breath to be analyzed.
What If I Agreed to Give a Breath Test?
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you were likely asked by a police officer to submit to a breath test on the Texas-approved model of the Intoxilyzer 5000 Breath Analyzer.
If you submitted to a breath test after your DWI arrest in Tarrant County, it is likely that the Tarrant County DWI prosecutors will call the following witnesses against you if your DWI case goes to trial: police officers involved in your DWI stop and arrest, any civilian witnesses, your Intoxilyzer Operator and the Tarrant County Technical Supervisor. If you agreed to provide a sample of your breath to a Tarrant County police officer for analysis, it is likely that an Intoxilyzer Operator administered the breath test by requiring you to submit a breath sample through the Intoxilyzer 5000. Your Intoxilyzer Operator was likely trained to do the following in your DWI case: wait for at least 15 minutes before administering the DWI breath test (an attempt to prevent residual alcohol from affecting the breath test), input your personal information into the Intoxilyzer 5000, and ask you to give two separate samples of your breath by breathing into machine for a sustained period of time.
If you have been arrested and charged with a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and your DWI case goes to trial, the team of Tarrant County prosecutors assigned to litigate your DWI case will rely heavily upon the testimony of the Tarrant County Technical Supervisor to attempt to convince the jury that you should be convicted of DWI.
The Tarrant County Technical Supervisor is responsible for the operation and maintenance of all of the Intoxilyzer 5000 machines in his/her district. The Tarrant County Technical Supervisor is also responsible for having a thorough understanding of the inner workings of the Intoxilyzer 5000 and how the Intoxilyzer 5000’s analysis relates to determining someone’s level of intoxication.
At The Hampton Criminal Defense Attorneys, PLLC, the DWI trial team will carefully review the facts surrounding your DWI breath test and take the time to explain how those results affect your DWI arrest and fight to keep your record clean from a criminal conviction. Call The Hampton Criminal Defense Attorneys, PLLC now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your DWI case.
What Are Field Sobriety Tests?
DWI Field Sobriety Tests
What are Field Sobriety Tests and Why Do They Matter?
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or the surrounding cities in Tarrant County, it is likely that you were asked by your arresting officer to perform field sobriety tests so that the officer could form an opinion as to whether or not you were intoxicated. Your performance on DWI field sobriety tests and how the police officer administered the field sobriety tests are important to your DWI case because the field sobriety test results play an important role in determining whether there was sufficient evidence to establish probable cause to arrest for suspicion of DWI.
Although there are numerous field sobriety tests that officers may ask you to perform at the scene, there are only three field sobriety tests that have been recognized by the National Highway Traffic Safety Administration (NHTSA). The National Highway Traffic Safety Administration (NHTSA) has developed a training program that caters to local police agencies in training police officers on how to administer the three recognized field sobriety tests in a standardized manner so that the results will be consistent and reliable.
The field sobriety tests that have been recognized by NHTSA and are generally relied upon by police officers in Fort Worth, Arlington, Mansfield and in the surrounding cities of Tarrant County are as follows:
- The Horizontal Gaze Nystagmus (HGN) Test
- The Walk and Turn Test
- The One Leg Stand Test
Each DWI officer or police officer that handles a DWI stop or arrest in Tarrant County, has pre-printed forms with all of the “clues” that the officer is looking for already printed on their page. As you perform each test, the officer checks off the clues that he believes that he observed and makes a determination of whether you “passed” or “failed” the field sobriety tests.
What If I Refused to Take the Field Sobriety Tests?
If you have been arrested for a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, it is important for you to understand that you cannot be forced or required to submit to Field Sobriety Testing. However, if the police officer has probable cause to arrest you for DWI (slurred speech, red or bloodshot and watery eyes, etc) and requests that you cooperate and you refuse to submit to the field sobriety testing, you will be arrested and charged with a DWI.
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule a free consultation and determine if your field sobriety testing was done in accordance with the NHTSA guidelines.
Was My DWI Arrest Illegal?
If you have been stopped for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, your police officer will be required to show the legal standard of probable cause has been met in order to justify your DWI arrest.
In Texas, in order for a police officer to make a warrantless DWI arrest, the police must establish that probable cause existed to justify your arrest. Under Texas case law, probable cause exists “when the facts and circumstances within an officer’s personal knowledge and of which he has reasonably trustworthy information are sufficient to warrant a person of reasonable caution in the belief that, more likely than not,” a citizen has committed a crime. In other words, probable cause exists if the officer is able to articulate facts indicating that YOU have or are committing a certain crime.
Although police officer’s can rely upon information from any reliable source to establish probable cause for your DWI arrest, it is important to recognize that the police officer must still establish probable cause as it relates to the elements of the crime of DWI. For instance, placing the citizen behind the wheel of a vehicle is an important element of DWI that must be established by the police officer’s testimony. Although it does not take much evidence to establish that you were operating your vehicle, if there is no evidence that you were operating your vehicle at the time the police arrived (ex. You didn’t admit to driving, you were not behind the wheel, or there were passengers that could have been driving, no independent witnesses putting you near or behind the wheel at or near the time of the alleged driving), the police will be unable to establish probable cause for a DWI arrest (although they would still have probable cause to establish an arrest for Public Intoxication (PI)). If you have been arrested and charged with a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, it is important to hire an experienced DWI lawyer that will take the time to carefully review both the police report and the video to determine if there was sufficient probable cause to justify your DWI arrest.
At The Hampton Criminal Defense Attorneys, PLLC, you will find a Fort Worth DWI law practice that is different from other Fort Worth DWI lawyers because we provide the citizens of Tarrant County with a DWI trial team approach that evens the odds and provides the best possible DWI defense for your DWI case. Call The Hampton Criminal Defense Attorneys, PLLC now for a free consultation.
How Does a Portable Breath Test Affect My DWI Case?
Portable Breath Tests
If you have been arrested for DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, your arresting officer, while still on the roadside, may have asked you for a sample of your breath to be analyzed by a portable breath test device or portable alcohol sensor device.
Whether you submitted or refused a portable breath test, it is important to know that Texas case law has excluded the admission of the portable breath test result from being admitted into evidence at your DWI trial.
BEWARE: Because the results of your portable breath test are not admissible in court, it may, but not always, work to your advantage if you submit to a portable breath test device. If you were over the legal limit of 0.08, the result is inadmissible in your DWI trial. If you were under the legal limit of 0.08, many officers will not arrest you for DWI or DUI.
At The Hampton Criminal Defense Attorneys, PLLC, you will find a Fort Worth DWI law practice that is different from other Fort Worth DWI lawyers because we provide the citizens of Tarrant County with a DWI trial team approach that evens the odds and provides the best possible DWI defense for your DWI case. Call The Hampton Criminal Defense Attorneys, PLLC now for a free consultation.
What Happens At A DWI Trial?
The DWI Trial
If you have been charged with a DWI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County and your case is unable to be satisfactorily resolved by means of a dismissal or a preferential plea bargain, you could be facing the prospect of a Tarrant County DWI trial.
The DWI Jury Trial
In Texas, every citizen arrested and charged with a criminal offense has the right to a jury trial. The number of jurors that will be seated on your DWI case will depend upon whether you have been charged with a misdemeanor DWI (DWI, DWI 2nd – Misdemeanor Repetition) or a felony DWI (DWI 3rd or more, DWI w/child under 15 years of age, Intoxication Assault, Intoxication Manslaughter).
If you have been charged with a DWI or DWI 2nd – Misdemeanor Repetition, there will be a total of 6 jurors seated to hear the facts presented against you by the Tarrant County prosecutor. If you have been charged with a Felony DWI, DWI w/child under 15 years of age, Intoxication Assault or Intoxication Manslaughter, Texas law provides that there will be 12 jurors seated to hear your DWI case. The law provides that before any citizen can be found guilty of DWI or DUI in the state of Texas, all the jurors must unanimously determine beyond a reasonable doubt that you were guilty of the following:
- 1.That YOU
- 2.On or about the date you were stopped/arrested
- 3.In Tarrant County, Texas
- 4.Did Operate
- 5.A Motor Vehicle
- 6.In a Public Place
- 7.While Intoxicated
Usually, the most contested issue during a DWI trial is the final element listed above – While Intoxicated. Under Texas Penal Code §49.01, a person is intoxicated if they: (1) do not have the normal use of their mental faculties by reason of the introduction of alcohol into the body; OR (2) do have the normal use of their physical faculties by reason of the introduction of alcohol into the body; OR (3) has an alcohol concentration of 0.08 or higher.
Although Intoxication is usually the most contested issue at a DWI trial, it is important to remember that if the Tarrant County prosecutor fails to prove ALL of the elements of the crime of DWI (as defined in Texas Penal Code §49.04), the jury will be instructed by the judge to render a verdict of NOT GUILTY.
A DWI jury trial can take anywhere from a few days to over a week to receive a verdict. Prior to the jury trial, the DWI trial team at The Hampton Criminal Defense Attorneys, PLLC will pore over the evidence and the law and make a determination if any pre-trial motions or hearings are necessary to exclude evidence from being presented by the Tarrant County prosecutor at the jury trial.
The first phase of any jury trial in the state of Texas is jury selection. During jury selection, a panel of prospective jurors is brought in to court and the Tarrant County prosecutor and your DWI attorney will have the opportunity to explain the law to the jury and determine which jurors can fairly and impartially render a verdict for your DWI trial.
If you hire The Hampton Criminal Defense Attorneys, PLLC to defend you in your Tarrant County DWI trial, our DWI trial team will clearly explain the law to the panel of jurors and work to ensure that the jurors selected for your DWI trial are free from any bias or prejudice.
After the jurors have been selected, sworn and empaneled, both the Tarrant County prosecutor and a member of The Hampton Criminal Defense Attorneys, PLLC DWI trial team will have the opportunity to present an opening statement to the jury. Because the Tarrant County prosecutor has the burden of proving your guilt beyond a reasonable doubt, the prosecutor will be required to call their witnesses against you (arresting police officer, assist officers, Intoxilyzer operator, technical supervisor, etc.)
After each witness (police officer, operator and supervisor) finishes answering the prosecutor’s questions, a member of The Hampton Criminal Defense Attorneys, PLLC DWI trial team will have the opportunity to show the jury the complete story behind your DWI arrest. The Hampton Criminal Defense Attorneys, PLLC DWI trial team will cross-examine every prosecution witness and show the jury the witnesses’ mistakes that discredit the reliability of the field sobriety tests, breath test/blood test and any subsequent scientific conclusions as a result of such testing.
Once the Tarrant County prosecutors have rested their case, The Hampton Criminal Defense Attorneys, PLLC will have the opportunity to decide whether it is necessary to call any defense witnesses. Under the law, only the prosecution is required to prove the elements of the offense of DWI and if it is determined that the prosecution has failed to meet its burden during the trial, it may be unnecessary to call any defense witnesses. However, if defense witnesses are needed, The Hampton Criminal Defense Attorneys, PLLC will call witnesses to the stand to further establish to the jury that the prosecution has failed to establish, beyond a reasonable doubt, that you were guilty of DWI.
After the court has prepared the jury instructions to be presented to the jury, both the prosecution and a member of The Hampton Criminal Defense Attorneys, PLLC DWI trial team will give closing arguments. During closing argument, The Hampton Criminal Defense Attorneys, PLLC DWI trial team will thoroughly apply the facts of your case to the law that the prosecution is required to prove and walk the jury through each and every element of the jury instructions to persuasively articulate how the prosecution has failed to prove their case against you beyond a reasonable doubt.
Why the DWI trial team approach and does it matter?
At The Hampton Criminal Defense Attorneys, PLLC, we understand that the prospect of facing a DWI or DUI trial can be intimidating and stressful. You must understand that when your Tarrant County DWI trial occurs, a team of Tarrant County prosecutors will be assigned to litigate your case. Give yourself the peace of mind of knowing that when you hire The Hampton Criminal Defense Attorneys, PLLC, you will have a legal team of former Tarrant County prosecutors that have tried over 100 DWI jury trials in the courts of Tarrant County, Texas, heading your DWI defense.
At The Hampton Criminal Defense Attorneys, PLLC, we even the odds for those charged with a DWI in Fort Worth or the surrounding cities in Tarrant County by ensuring that if your case goes to trial, you will be defended by a team of experienced DWI lawyers that have both misdemeanor and felony DWI experience. Call The Hampton Criminal Defense Attorneys, PLLC now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your DWI case.
What Is The Horizontal Gaze Nystagmust Test?
If you have been arrested for a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you were likely asked to take the Horizontal Gaze Nystagmus Test. Nystagmus is a term that specifically refers to the bouncing or involuntary jerking of the eye as it moves from side to side. Generally, alcohol has been determined to cause two types of nystagmus: positional alcohol nystagmus and alcohol gaze nystagmus. As you consume alcohol and become intoxicated, the alcohol will enhance your naturally occurring nystagmus making it visible to the naked eye.
The Horizontal Gaze Nystagmus test, or the pen test, is a test where the police officer holds a pen, or stimulus, 12 to 15 inches away from your eyes and moves the pen back and forth. As the officer moves the pen back and forth, he is observing your eyes tracking back and forth and looking for an involuntary jerking of your eyes. As the police officer administers the HGN test, he will be looking for three specific “clues” per eye that will allow him to mark you as failing the HGN test: lack of smooth pursuit of your eyes, distinct and sustained nystagmus at maximum deviation and the onset of nystagmus prior to 45 degrees. The HGN Scoring Sheet provides that there is a maximum score of 3 clues per eye, for a total of 6 possible clues. According to NHTSA, if you scored at least 4 or more clues, there is a 77% chance that your blood alcohol content (BAC) was .08 or higher at the time of the test.
Additionally, if you have been charged with a DWI based upon intoxication by a drug, the HGN test can be used as evidence of your intoxication if the drug you ingested was a central nervous system depressant.
Did My Police Officer Correctly Administer the HGN Test?
Although police officers in Fort Worth, Arlington, Mansfield and in the surrounding cities of Tarrant County rely upon the HGN in determining whether or not you were intoxicated at the time of your arrest, it is critical to determine if the police officer properly administered the test – as required by NHTSA. For instance, the police officer must administer the test in an environment in which your eyes could have been clearly seen. If the officer positioned you facing the blinking lights of the police patrol car or in the headlights of the oncoming traffic, the officer may have caused you to show optokinetic nystagmus, a form of nystagmus NOT caused by alcohol.
Additionally, NHTSA clearly states that in order for the HGN and other standardized field sobriety tests to be reliable, they must be administered strictly adhering to the guidelines recommended by NHTSA. The standardized field sobriety tests have been given certain percentages by NHTSA for their reliability. However, if your police officer failed to strictly follow the guidelines as required by NHTSA, the HGN and other field sobriety tests will be determined to be unreliable and may be excluded from evidence for the jury to consider.
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule a free consultation and determine if your field sobriety testing was done in accordance with the NHTSA guidelines.
Will I Need An Ignitition Interlock Device?
Ignition Interlock Device Requirements for DWI Bond in Tarrant County
If you have been arrested for a DWI in Forth Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you may be required to install and use an Ignition Interlock Device as a condition of your bond. Under the Texas Code of Criminal Procedure Article 17.441, your trial judge will be required to order you to install and use an Ignition Interlock Device as a condition of your bond if you have been charged with a second DWI or felony DWI. Texas laws regarding these blood alcohol testing devices varies dramatically; judges can decide whether you have to install an Ignition Interlock in some cases and in others the law requires it.
When Can a Judge Order an Ignition Interlock Device Installation for DWI Bond or Probation?
If you have been convicted for any of the following cases in the courts of Tarrant County, Texas and have received community supervision (probation), the judge MAY, but it is not required to order that an ignition interlock device be installed and used your vehicle as a condition of your probation or community supervision:
- DWI (first)
- DWI 2nd
- 3rd DWI
- Felony DWI
- DWI with child passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or operating amusement ride while intoxicated
- Intoxication Assault
- Intoxication Manslaughter
A Texas judge MAY also require that an ignition interlock device be installed and used on your motor vehicle if you seek an occupational license and your license has been suspended as a result of a conviction for a DWI, Intoxication Assault or an Intoxication Manslaughter. In Texas, judges are given a great deal of discretion when it comes to ignition interlock systems to prevent repeat or habitual DWI offenders from driving drunk again. However, in some situations Texas law makes ignition interlock systems mandatory.
When is an Ignition Interlock System Mandatory in Texas for DWI?
There are certain circumstances in which a judge MUST order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision. If you have been convicted and received community supervision for a DWI, Flying While Intoxicated or Boating While Intoxicated (BWI) and your blood alcohol content (BAC) was greater than .15, the judge must order that an ignition interlock device be installed and used on your motor vehicle as a condition of your probation.
A judge must also order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision if your license has been suspended as a result of a conviction for a 2nd DWI, felony DWI, Intoxication Assault or Intoxication Manslaughter. In these cases there is no getting around the installation of a breathalyzer device in your car according to Texas laws.
Schedule a Free Consultation For Your DWI Probation Case
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your case and any bond conditions that may have been assessed. Our team of defense attorneys has tried over 100 DWI jury trials. When your future is on the line, experience matters. Give us a call at 817-435-2909.
What Is The One Leg Stand Test?
What is the One Leg Stand Test?
If you have been arrested for a DWI or DUI in Fort Worth, Arlington, Keller or in the surrounding cities of Tarrant County, you were likely asked to take the One Leg Stand Test. Like the Walk and Turn test, the One Leg Stand Test is a test that was designed for the purpose of determining how well a person can use their mind and their body at the same time (known as a psychophysical test). Police officers refer to the One Leg Stand test as a “divided attention test” because the One Leg Stand test requires a person to listen to instructions, process the requests being given to him by the police officers, while also physically executing the commands through walking.
During the One Leg Stand Test, the police officer will ask you to put your arms down by your side and stand on one leg. You will then be asked to hold your other leg approximately 6 inches above the ground and stare down at your extended foot and begin to count aloud from 1 to 30 (by 1001, 1002, 1003, until the officer tells you to stop). Generally, the police officer will time you for 30 seconds and will be looking at his pre-printed DWI form and looking to see if you scored any of the 4 possible “clues” listed on his scoring sheet:
- Swaying while you were balancing yourself
- Using your arms to balance yourself
- Hopping around while balancing yourself
- Putting your foot down at any time during the test
According to NHTSA, if you scored at least 2 or more clues, there is a 68% chance that your blood alcohol content (BAC) was .10 or higher at the time of the test. Unfortunately, the police officer will not explain to you what he is looking for while he scores your test or that he will be marking you off if you sway or put your foot down after counting 29 out of the 30 seconds.
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule a free consultation and determine if your field sobriety tests were administered according to the NHTSA guidelines.
What Are The Steps of a DWI Prosecution?
An investigation is generally mounted when the police have sufficient reason to believe you have committed a criminal offense. Facts are assessed, witness interviews are conducted and evidence is collected against you. A warrant will be issued for your arrest and you will be taken before a judge to enter a plea. The judge may order you to remain in jail until trial or may grant bail, depending on the severity of the charges. An aggressive criminal defense attorney by your side at this point in the process can tip the scales in favor of your being allowed to remain free until trial.
When it is time for your preliminary hearing, the prosecutor will claim that there is sufficient evidence against you to proceed to trial. Your attorney will argue there is not enough evidence to support the charges and that all criminal charges should be dropped. At this point, should probable cause be established, you may confer with your criminal defense attorney to determine whether a plea bargain is in your best interests or if you will fight the charges before a jury.
Many people arrested for criminal offenses presume that their selection of a criminal defense attorney will have little impact on the outcome of their felony or misdemeanor criminal case. However, those who are arrested can substantially improve their situations by clearly and unequivocally asserting their rights and promptly retaining an experienced criminal defense lawyer. The stress and anxiety of an arrest often leads those arrested to make significant mistakes that compromise their case. The most important way to protect your liberty and reputation is to refuse to speak to the police and to retain a criminal defense attorney who can begin protecting your rights at the earliest possible stage of your criminal case.
What Is The Walk and Turn Test?
If you have been arrested for a DWI or DUI in Fort Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you were likely asked to take the Walk and Turn Test. The Walk and Turn test is a test that was designed for the purpose of determining how well a person can use their mind and their body at the same time (known as a psychophysical test). Police officers refer to the Walk and Turn test as a “divided attention test” because the Walk and Turn test requires a person to listen to instructions, process the requests being given to him by the police officers, while also physically executing the commands through walking.
During the Walk and Turn Test, the police officer will ask you to imagine there is a straight line in front of you and to stand heel-to-toe while he reads you the instructions (a task that is difficult for the most adept non-intoxicated person to pull off). The police officer will then instruct you to take nine heel-to-toe steps, turn around the line (the officer will be looking for a specific 3-point turn), and walk back down that same invisible line using heel-to-toe steps.
As you perform the Walk and Turn test, the police officer will be looking at his pre-printed DWI form and looking to see if you scored any of the 8 possible “clues” listed on his scoring sheet:
- Cannot keep balance while listening to instructions in heel-to-toe stance
- Starts the test before being instructed to do so
- Stops walking during the test
- Misses heel-to-toe (on any step during the test)
- Steps off the line (whether it is an actual or invisible line on the ground)
- Uses arms to balance during the walking phase
- Takes the wrong number of steps during the walking phase
- Makes an improper turn (failing to precisely execute the 3-point turn)
According to NHTSA, if you scored at least 2 or more clues, there is a 68% chance that your blood alcohol content (BAC) was .10 or higher at the time of the test. Unfortunately, the police officer will not explain to you what he is looking for while he scores your test or that he will be marking you off if you do not touch precisely heel-to-toe or do not execute the 3-point turn precisely.
Call The Hampton Criminal Defense Attorneys, PLLC now to schedule a free consultation and determine if your field sobriety tests were administered according to the NHTSA guidelines.
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The Hampton Criminal Defense Attorneys, PLLC P.L.L.C
Phone: 817-877-5200
Address: 115 W 2nd St #201, Fort Worth, TX 76102