Texas is a state of implied consent, as Chapter 49 of the Penal Code explains. The simple act of starting a motor vehicle means that you consent to a blood or breathalyzer test if police suspect you of driving while intoxicated. If you refuse, then your license may be suspended. A local DWI defense attorney can evaluate your charges and the facts of your arrest to structure an aggressive defense.
All DWI charges are serious matters. With penalties that include steep fines and years in prison, you should take every possible measure to avoid a conviction.
If Texas police have arrested you for driving while intoxicated, then contact a DWI defense lawyer from the Law Offices of Robert Gregg. Schedule a consultation by calling (214) 891-7536.
Until then, read on to learn the truth behind three DWI myths:
- It is easy to trick a breathalyzer.
The results of a breathalyzer test are accurate enough for courts to consider them admissible evidence, but several popular myths exist that fool people into believing they can trick these machines into giving lower readings. Brushing your teeth, sucking on pennies or batteries, drinking coffee and smoking cigarettes will not affect the results of a breathalyzer.
The reality is that these machines have safeguards to alert operators of any interferences. Furthermore, officers must wait 20 minutes before conducting these tests. They will check your mouth before they administer the test and watch you closely for suspicious behavior.
While many factors can influence the test’s accuracy, they are beyond your control while in police custody before the test. You cannot trick these machines intentionally. If there is a real chance that you will blow over the limit and it is not your first offense, then it may be wiser to refuse the test. However, there are consequences to refusing these tests, including a license suspension.
- Having only two drinks will prevent you from blowing over the legal limit.
The two-drink rule is another popular myth. Unfortunately, believing it has sent many to jail. The rule says that you cannot exceed the blood-alcohol limit of .08 if you only have two drinks. While this is true for many people, it does not apply to everyone.
People respond to alcohol differently. Many factors can influence your BAC levels, such as your last meal, your alcohol tolerance, your gender and even your body weight.
- You have to participate in field sobriety tests.
If a police officer suspects you of driving while intoxicated, then he or she may ask you to perform a series of field sobriety tests. These typically include touching your nose with a finger, reciting the alphabet or having to walk straight in a line. These tests, however, are not mandatory.
Some people do not perform well on these tests even when they are sober, and there is scientific debate about their effectiveness for evaluating impairment. Even certain types of shoes can influence a person’s performance.
If you would like to speak with a local DWI defense attorney in Dallas, then contact the Law Offices of Robert Gregg. Schedule a consultation by calling (214) 891-7536 today.