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Understanding DWI Laws in Texas: What You Need to Know 
In Texas, a DWI is defined as operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. However, even if your BAC is below 0.08%, you can still be arrested if a police officer believes you are impaired to the point that you cannot safely operate a vehicle. In a bustling city like Dallas, especially after a major event like a Cowboys game, the roads are filled with excitement, distractions, and plenty of opportunities for impaired driving to go unnoticed. The Texas Department of Transportation (TxDOT) reports that alcohol-related crashes spike during holidays and special events, making it even more crucial to be aware of the legal implications when you get behind the wheel after a few drinks.
What Happens When You Are Pulled Over for DWI?
When you’re pulled over for suspected DWI, the officer’s first step is typically to ask for your driver’s license, registration, and proof of insurance. After that, they will likely ask if you have been drinking. If you answer affirmatively, the officer may then request that you perform field sobriety tests. These tests are meant to assess your coordination and your ability to follow instructions. Common tests include:- The Walk-and-Turn Test: You will be asked to take nine steps, heel-to-toe, down a straight line, turn, and walk back.
- The One-Leg Stand Test: You will be asked to stand on one leg while counting out loud.
- Horizontal Gaze Nystagmus Test: The officer will move a pen or flashlight in front of your face to test the involuntary jerking of your eyes, which can indicate impairment.
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Breath and Blood Tests: What Are Your Rights?
In Texas, when you are arrested for DWI, you are subject to the state’s “implied consent law.” This means that by driving in the state of Texas, you are giving consent to chemical testing (breath or blood test) if requested by law enforcement. However, you have the right to refuse these tests. Refusing a breath or blood test can lead to additional consequences:- Automatic License Suspension: If you refuse a breath or blood test, your driver’s license will be automatically suspended for 180 days. If you’ve refused the test in the past, this suspension may be extended.
- Legal Implications: Although refusing a chemical test cannot be used against you in court to prove intoxication, it can be used to strengthen the prosecution’s case that you were trying to avoid the test because you knew you were impaired.
Penalties for DWI in Texas: What to Expect
Being arrested for DWI in Texas can have serious consequences. The penalties you face will depend on several factors, including whether it’s your first offense, whether you have prior convictions, and whether there were aggravating circumstances, such as a child passenger or causing an accident.
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"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."
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- Fines: A first DWI conviction can result in fines up to $2,000.
- Jail Time: First-time offenders may face anywhere from 3 days to 180 days in jail. However, if the offense is less severe (such as no prior convictions and no accidents involved), jail time may not be required.
- License Suspension: Your license can be suspended for up to 1 year. If you have refused a breath test, you may face a longer suspension.
- DWI Education and Alcohol Assessment: You may be required to complete a DWI education program and attend an alcohol abuse evaluation.
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Challenging the Evidence: How a Lawyer Can Help
If you’re arrested for DWI after attending a Cowboys game, it’s crucial to have an experienced attorney to guide you through the process. A skilled lawyer can challenge the evidence against you, such as questioning the accuracy of the breathalyzer test or field sobriety tests. Here are some of the common defense strategies that might be used:- Challenging the Stop: The officer must have a valid reason to pull you over in the first place. If the stop was not based on reasonable suspicion (such as weaving, speeding, or other traffic violations), your lawyer may be able to argue that the stop was illegal.
- Questioning the Field Sobriety Test: Field sobriety tests are not foolproof. A lawyer can challenge the way the test was conducted, whether you were in the right physical condition to take it, or if the conditions (weather, location) made it difficult to perform the test accurately.
- Breathalyzer Accuracy: Breath tests can sometimes produce inaccurate results due to a variety of factors, such as improper calibration of the machine or medical conditions (like GERD or diabetes) that can affect the readings.
How to Avoid the Risks of DWI After a Cowboys Game
While the excitement of a Cowboys game can make it tempting to drink and drive, it’s essential to take precautions to avoid being charged with DWI. Here are some steps you can take to minimize your risks:- Plan Ahead for a Designated Driver: If you plan to drink at the game, make arrangements for a designated driver before you even leave home. This ensures that you have a safe way to get back without the risk of DWI.
- Use Ride-Share Apps: Consider using ride-sharing apps like Uber or Lyft to get home if you’re in an area with heavy traffic. This can be a convenient and affordable way to avoid DWI charges.
- Know Your Limits: If you do drink at the game, keep track of how much alcohol you consume and be mindful of your own impairment. Even a small amount of alcohol can affect your ability to drive safely.