What Happens To My DUI Case If I Refuse A Breath Or A Blood Test?
The police will usually obtain a warrant to draw your blood upon a refusal. A refusal of a breath or a blood test means that your license will be suspended for 180 days, unless you win your ALR hearing.
What Factors Might Enhance Or Aggravate A DWI Charge In Texas?
A DWI first offense is a Class B misdemeanor, which carries a maximum punishment of a $2000 fine and six months in jail. A Class B misdemeanor will become a Class A if the blood alcohol test comes back over a 0.15. DWI with a child under 15 in the vehicle will automatically become a felony. DWIs that result in bodily injury or death will result in very serious felony charges of intoxication assault or intoxication manslaughter. A third DWI is also a felony.
What Are The Penalties For A DWI Conviction In Texas?
Penalties for a first time DWI range from 180 days in jail and a $2000 fine to one year in jail and a $4000 fine, plus license suspension, community supervision fees, service fines, and interlock fees. A second DWI is automatically charged as a Class A, which carries a maximum punishment of a $4000 fine and one year in jail. A third DWI is a felony, so the range of punishment is two to 10 years. The same would hold true for a DWI with a child under 15.
Are There Any Alternative Or Diversion Programs Available For First Time DWI Offenders?
In certain counties surrounding the Houston area, there are pre-trial diversion programs available. Oftentimes, someone who has under a 0.15 breath or blood, didn’t have an accident, is the first offense, and has no other aggravating factors can be eligible. It is usually a 12 months program, during which you have to have an interlock installed on your vehicle and be subject to pre-trial supervision. Successful completion of the program will result in a dismissal. Once your case is dismissed, you can have it expunged.
What Sets You And Your Firm Apart In Handling DWI Cases In Texas?
We strive to meet the ideal balance of value and experience. In addition to having trial experience in both blood and breath test cases in counties all over the Houston area, we also strive to make our rates reasonable enough that the average person can afford us.
Additional Information On DWI Charges In Texas
DWI’s get worse with each conviction. The range of punishment on a second is worse than a first. The range on a third is worse than on a second, and so forth. It is important to fight your case. DWIs are cases in which the police officer’s opinion greatly affects the outcome of the case. Police officers are subject to biases, just like the rest of us. These cases can be fought and won.
For more information on Breath Or Blood Test Refusal In A DWI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 209-2297 today.
Call For A Free Consultation