Featured below are a few of the questions that we’re most frequently asked by clients, students, and persons seeking to learn more about DWI laws in the State of Texas. These questions address criminal penalties related to the prosecution of DWI offenses, and the rights of persons being pulled over, or “detained”, by law enforcement on suspicion of DWI in Texas.
What is a PBT?
PBT is a common acronym for “Portable Breath Test”. A portable breath test is an electronic device designed for alcoholic breath testing. A PBT device is a small device the size of a human hand.
These devices are often used by law enforcement personnel as a way to perform an ad-hoc alcoholic breath test “on the go”. The evidence collected from these devices are not credible in the eyes of the Texas DPS or the criminal justice system.
Refusal to participate with a PBT machine will not, in itself, create the possibility for Texas Drivers’ License suspension or a hearing to administratively revoke your drivers license (ALR).
When am I Considered Intoxicated, Legally?
Any Galveston DWI lawyer you talk to will tell you that your lawful blood alcohol limit is reached when the amount of alcohol in your blood reaches 0.08% or more. The amount of alcohol a person can ingest prior to reaching the legally defined intoxication level varies from person to person based on their physical attributes.
How Should I Handle an Arrest Warrant?
If you have an arrest warrant its important that you address it before it addresses you. Whether its a warrant for your arrest, or someone close to you, anytime a warrant is executed by police it amounts to bad timing for the defendant. Tad Nelson and Amber Spurlock, leading DWI attorneys in Galveston, are here to help if a judge or magistrate has issued a warrant for your arrest. If you know you have a warrant out for your arrest we’ll need to sit down, discuss the details of your case, and determine the best way to deal with the situation.
Should I Refuse Blood and Breath Tests?
Short Answer
Every circumstance is different. In some cases you should refuse sobriety testing, and in others you shouldn’t. For a thorough explanation of our opinion based on a myriad of circumstances, contact us.
Long Answer
Some attorneys feel that you should refuse field sobriety testing when being detained by police if you believe your blood alcohol concentration levels are over the legal limit. However, listed below, are a few things you should know before considering this course of action.
- The potential for being arrested and charged for DWI/DUI doesn’t diminish.
- You’ll be facing additional penalties in the event that you’re arrested for DWI because of your blood/breath test refusal.
- You’ll face criminal penalties for violating implied consent laws regardless of if you’re charged with DWI or not.
