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All About DWIs in Texas
Difference between DUI and DWI:
Many people think that a DUI charge and a DWI charge are the same thing. In Texas, a DUI means Driving Under the Influence and a DWI means Driving While Intoxicated. A DWI applies to any driver, regardless of age, who has a blood alcohol level of 0.08% or higher. DUI only applies to a driver who is under 21 who has some alcohol in their system, but less than 0.08%. Because it is illegal to drink alcohol until you are 21 years of age, it is also illegal to drive with any alcohol in your system –even if you are not intoxicated–until your 21st birthday. In other words, a DUI is Texas’ Zero Tolerance Policy for minors.
Should I Perform Standard Field Sobriety Tests (SFSTs) if I am Pulled Over?
Being pulled over for suspected drunk driving can quickly turn into the worst night of your life. You’re at a disadvantage from the moment you’re pulled out of the car. You’ll be asked to perform tests that seem easy, but they come with a long set of instructions meant to confuse and manipulate you when you are nervous. For example, did you know that failing to keep your arms down at your sides during the “One Leg Stand” test is just as important as keeping your balance? Many people are so focused on balancing that they don’t realize: even if they are keeping their balance they are still failing the test for other reasons. This is just one of the many ways that a DWI stop is not a level playing field.
Bexar County is a “No Refusal” County
In October of 2011, Bexar County began its “DWI Task Force” Initiative which was intended to crack down on San Antonio’s high DWI numbers. Part of this initiative was instituting a “No Refusal” policy for individuals suspected of DWI. Whenever a driver is arrested for suspicion of DWI, the driver will be asked to voluntarily provide a specimen of the driver’s breath or blood for alcohol testing. If the arrested person refuses, the arresting officer will obtain a search warrant from a judge which allows them to force you to give a blood sample for testing. This "No Refusal" policy applies 24 hours a day, seven days a week, 365 days per year.
With officers cracking down on DWI in San Antonio more than ever, it is no surprise that sometimes innocent people get unfairly charged with a DWI. A DWI is the most common reason clients are in my office. Come in today and let’s get started protecting your future from a DWI conviction.