Know The Pros And Cons Of A DWI Charge From A DWI Lawyer Houston

Apr 28
08:20

2016

Gloria Lipp

Gloria Lipp

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You have a right to request for legal help from a DWI Lawyer Houston before you submit to any kind of tests.

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In Texas you will be charged for a DWI offense if you are caught by the law enforcement officials for driving in an intoxicated state with a Blood Alcohol Concentration of 0.08 percent or higher. But if you are a teenager or a commercial driver the permissible BAC limit is different. The Texas law says that if you are driving a vehicle you have given the consent to submit to a chemical test for determining the alcohol content in your body by the law enforcement officials. However,Know The Pros And Cons Of A DWI Charge From A DWI Lawyer Houston Articles if you refuse to take such a test the consequences can be different and vary from state to state. While some states give a right to its citizens to refuse to submit to a chemical test with no additional penalties most states impose heavy charges for refusing to do so. Regardless of your cooperation with the police to submit to a test you will still be detained for enquiry. Only a DWI Lawyer Houston knows the best techniques to get rid of such test and the penalty as well.

Refusing To Submit To Chemical Test
The “implied consent” law of Texas states that if you have been arrested by a law enforcement officer suspecting you to be driving in an intoxicated state then it is implied that you consent to undertake one or more chemical tests that is required to be conducted to ensure the officer’s suspicion on you. The officer choses the type of test you need to undergo to determine the BAC level in your body but you have the option to take the test from a medical practitioner of your choice within two hours of arrest. As soon as you are arrested the officer informs you that if you refuse to take the required test then your driving license will be suspended for a minimum of 180 days and if you submit to the test and your BAC level is found to be above the permissible legal limit then your license will remain suspended for a minimum of 90 days. On your refusal to take the test the officer will make you sign a statement saying that you were informed of the consequences of not taking a test but still you refused. Then you license will be seized and a temporary permit will be issued in its place which is valid for 41 days. You can make a request for a hearing and challenge the suspension of your license within 15 days failing which your license will remain suspended for 180 days in case of first refusal. But for a second or subsequent refusal within a period of 10 years from the first refusal the license will be suspended for 2 years. However, such a refusal is not possible in all circumstances and there are exceptions to it.

Defense Strategies To Avoid
The Blood Alcohol Test rights vary from state to state; while some states give you the choice to determine which test to conduct to test your BAC level (breath, blood or urine) some states refuse to do so. While blood tests are considered as most accurate the breath test is more subjective as the officer needs to read from a machine in which a needle points out the level of intoxication. The decision to refuse or submit to a test is very much dependent on the state law concerned and your past track record. But whatever be the circumstances, never lie to the officer as it can be futile both for your present and your future status. If you know that you have exceeded the legal limit it is better to remain silent rather than lying to the police officer. Also, staying respectful towards your officer will be beneficial for you as can expect to get better treatment from the opposite side and even you cannot be accused in front of the Court for bad behavior. All these suggestions can only be provided by an experienced and strategic DWI Lawyer Houston.