What are Field Sobriety Tests?
Field sobriety tests consist of three evaluations. If a driver fails any of these tests then they could be charged with a DWI.
Standard field sobriety tests include:
- Horizontal Gaze Nystagmus — This test is often referred to as an eye test. The subject will be asked to follow an object with their eyes, while the officer moves it. This test is designed to look for involuntary eye movement, which could indicate someone is under the influence.
- Walk and Turn — There are two phases to the Walk and Turn test. First the officer will demonstrate how the test should be performed, following that, the subject attempts to perform it based upon the instructions from the officer. You will then take heel to toe steps on an imaginary line, with your arms to your side, while counting out the steps.
- Standing on One Leg — To perform the one-leg-stand (OLS), you must hold one foot six inches off the ground, with you hands to your side, for approximately 30 seconds.
What Are the Drunk Driving Laws in Texas?
In Texas, laws for drunken driving are based upon your BAC (blood alcohol concentration), that is above the legal limit, while operating a vehicle. The enforced legal limits are below:
- Under the age of 21, a BAC of .02 or more
- Drivers of all ages, a BAC of .08 or more
- Any commercial vehicle drivers, a BAC of .04 or more
Anytime you exceed this limit, you run the risk of getting convicted for a DWI.
If This Is My First DWI, Will I Receive Jail Time?If this is your first alcohol related offense, then you will most likely avoid any jail time. However, this depends on the details of your case.
What Are the Penalties for DWI in Texas?
In Texas, the state has a wide range of charges for a drunk driving charge.
- A fine of up to $10,000
- License suspension for 90 days to two years
- Installation of an interlock ignition device
- Mandatory drug and alcohol treatment
- Seventy-two hours to 10 years in jail
The severity of your charges can range based on if you have prior DWI convictions. If you do, that would likely lead to more serious charges.
Can My DWI Case Get Dismissed?In some cases, you can get a DWI dismissed or reduced charges. This depends heavily on the factors of the case. It is always in your best interest to hire a skilled attorney to assist you through your legal troubles.
Will I Lose My License if I am Charged with a DWI?
A DWI offense in Texas can lead to a suspension of your license for a period of 90 days up to 2 years. The length of suspension is determined based on a few different factors.
- The driver’s age
- Blood alcohol level
- Circumstances of the offense
- Prior convictions.
How Many Drinks Does It Take to Surpass the Legal Limit?
Texas has a legal BAC limit of .08. A variety of factors impact this, including:
- Amount of time in which drinks were consumed
There are outside tools to help you determine your BAC, but it is always recommended to have a safe means of transportation if you plan on drinking.
How Soon after My Charges Should I Hire a Defense Attorney?The sooner, the better. Based upon the circumstances of your case, having an attorney on your side is an important step in trying to secure your best outcome.