SUGAR LAND

DWI/DUI LAWYER

Anthony R. Segura

Anthony R. Segura

Fort Bend DWI Attorney

What happens if I refuse an officer's request to provide a sample of breath/blood?

     If you refuse to provide a breath/blood sample, your refusal may

     be used as evidence against you at trial and your driver's license may

     be suspended for 180 days if this is your first offense, or 2 years if you

     have previously been convicted.  

Should I refuse to take a breath/blood test?

     If you have any question in your mind as to whether you will pass or

     fail, it is probably in your best interest to decline.  Remember,

     even if your consumption of alcohol has not resulted in the loss of the

     normal use of your faculties, a test result in excess of the legal

     limit is sufficient to convict you.  Submitting to the test, gives the

     prosecutor one more way to claim that you were intoxicated. 

     A practical consideration is that by the time the police officer

     requests a sample of your breath or blood you are already under

     arrest.  Even if you pass the test you will go to jail.  After all

     the police will not "un-arrest" you.  Instead, the State will say that

     because the test was taken some time after the time of driving

     your alcohol concentration at the time of driving was higher than at

     the time of the test and that you have simply had time to sober up. 

     The State will also argue that even if your alcohol concentration was

     not above the legal limit, you had lost the normal use of your mental

     and physical faculties as the result of alcohol consumption.  

     When confronted with a request for a breath/blood/urine sample, you

     should ask the officer to allow you to contact an attorney for advice

     in making your decision.  The officer will probably tell you that you do

     not have the right to speak with an attorney at this point, but the

     average juror may view your request as reasonable.  Moreover this

     saves you form having to flatly refuse the officer's request. 

Can I refuse to perform the roadside field sobriety tests?

     Yes.  The officer can not force you to perform the field sobriety tests. 

     At trial the prosecutor will argue that you refused to perform the tests

     because you knew you would fail.

Is the machine used to test my breath alcohol concentration accurate and reliable?

     It depends on who you believe.  What is undisputed is that the

     manufacturer does not warrant or guarantee that the Intoxilyzer is fit

     for its intended purpose of determining the alcohol concentration in a

     sample of human breath.  The machine is a self-checking piece of

     equipment and the machine's operator will assume "all is well" unless

     the machine says it has a problem.  It is well-known among DWI

     attorneys that the machine will report proper functioning even in the

     face of having several of its key components disconnected.  Moreover,

     the computer program which performs the crucial calculations remains

     a secret.  

Is it against the law to drink and drive?

     While it is a crime to drive while intoxicated or to drink alcohol while

     driving, it is not against the law to drive after having a few drinks so

     longs as the consumption of alcohol does not cause intoxication. 

     However, if you are stopped for any reason and the officer detects the

     odor of alcohol on your breath, it is likely that you will be arrested for

     driving while intoxicated

This is my first offense, will I go to jail?

     Absent unusual circumstances the answer is "no".  Most people

     convicted of a first DWI receive community supervision (probation), are

     required to pay a fine, perform community service, submit to alcohol

     counseling, report to a probation officer and abide by additional

     terms of community supervision.  So long as you successfully

     complete the community supervision, you will not be required to

     spend any time in jail with the exception of the time served

     immediately following your arrest. 

What is an ignition interlock?

     An ignition interlock is a breath alcohol analyzer, which is connected

     to a vehicle's ignition system. To start the vehicle, the driver must

     first blow a deep lung breath sample into the Interlock. The Interlock

     will measure the alcohol concentration in the breath and prevent the

     vehicle from starting if the alcohol exceeds a preset value.  A person

     arrested for a second or subsequent DWI will be required to have an

     interlock installed on his vehicle as a condition of bail.  Additionally,

     the court may require the interlock as a condition of community

     supervision. 

Is deferred adjudication available in a DWI case?

     If you are convicted or plead guilty to a DWI, you are not eligible for      

     deferred adjudication.  However, if the DWI is reduced to a non-DWI

     offense such as reckless driving, deferred adjudication may be an

     option.

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Sugar Land · Fort Bend County · Texas · 77478
info@fortbend-dwi-lawyer.com

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