DWI Facts – Ross Law Offices – Denton County DWI Lawyer

Denton County DWI Lawyer -DWI Facts – Ross Law Offices

Ross Law Offices – Denton DWI Lawyer – DWI Facts  – Common Questions Answered by Local Attorney

If you’re looking for a Denton County DWI Lawyer, at Ross Law Offices we routinely get a lot of the same questions from clients regarding DWI arrests, and the charge itself.  We’re going to do a series of blog posts in which we try to answer many of those questions and give you the DWI facts you are looking for.  We hope that you find some or all of this information helpful if you ever find yourself facing a DWI charge.

1.  I’ve been charged with a DWI.  Am I going to go to be facing jail time?

Answer:  Generally, No.  A first DWI charge is a Class B Misdemeanor. (In the case that you have a Blood Alcohol Level -BAC- of .15 or more, the charge is enhanced to a Class A Misdemeanor.)  If this is your first time to be in any serious trouble with the law, the chances are very good that a qualified DWI attorney will be able to obtain Probation for you.  Generally, your attorney will be able to keep your fine, terms of probation, and length of probation relatively reasonable if you listen to his or her advice and follow it accordingly.

If however, you have criminal history, or the charge has been enhanced for another reason (for example, if this is your second or more DWI, someone was hurt, or there was a child in the car with you), it is extremely important that you contact a qualified DWI attorney immediately, as jail time is a very real possibility.

2.  If I get pulled over, and I am arrested for DWI, should I consent to a breath or blood test?

Answer:  The question of whether or not you should agree to give a breath or blood test can be very difficult.  Generally, if you have had more than a couple of drinks, we would advise that you politely refuse.  Nobody can accurately predict what their Blood Alcohol Level (BAC) is going to be at any specific time because so many factors can affect this number.  Obviously, how many drinks you’ve had, how quickly you drank them, and whether or not you had food on your stomach are key factors that most of us think of.  But remember that many other factors can affect this test as well.

We’re you drinking a standard “light” beer, or a heavier, higher alcohol content beer, that can often have as much as two to three times as much alcohol per drink.  Suddenly, 2 beers could become 4 to 6 “standard” drinks, and at this point, your BAC would obviously be MUCH higher.

If you were drinking mixed drinks, were you able to ensure that they were poured with the standard amount of alcohol, or were they made stronger?  Were they poured as “doubles”?  Were they drinks which because of there recipe, have a much higher alcohol content (think drinks such as the Long Island Ice Tea)?

The simple truth is, if you are pulled over, and an officer has you exit the car because of some probable cause (odor of alcohol on your breath, slurred speech, red or watery eyes), you are probably going to be arrested.  This is because the law allows, and encourages, officers to err on the side of caution when deciding whether to make an arrest for DWI.  And once you are under arrest, it is probably best to politely refuse any breath or blood test.  It’s very easy to reach the legal limit of .08, and the majority of people who are arrested for DWI are well over this limit.  So by voluntarily providing a breath or blood sample, you are generally providing the State (the District Attorney) additional evidence if and when they decide to bring formal DWI charges against you.

On the other hand, if you know that you have only had 1 or 2 “standard” drinks, it is unlikely that you are above the .08 BAC limit, and providing a sample may help you if charges are formally brought.  But everyone must use their own judgment and common sense.  As we have emphasized, there is never a way to know for sure what your BAC is going to be if you do decide to provide a breath or blood sample.

Keep in mind that if you refuse, an officer might get a warrant to obtain a sample of your blood.  If this is done, you must comply with the officer, and any attempt to “fight” or “resist” the officer and/or medical professional attempting to obtain the blood sample will likely result in more trouble for you.

 

3.  If I am stopped for suspicion of DWI, do I have to do the roadside Field Sobriety Tests?

Answer:  No.  Once you have identified yourself, you do not have to answer additional questions or do any of the roadside field sobriety tests.  In this circumstance, you will almost surely be arrested, but it is often better to remain silent and not say or do anything than to try and prove your sobriety or talk your way out of an arrest.  In addition, always remember to stay polite and respectful.  Officers are only doing their jobs when investigating a possible DWI, and getting loud or rude in any way is only going to affect your case in a negative way.  A common answer to an officer questioning you after a stop, is “Officer, I would rather not answer any further questions or do any tests until I have had a chance to speak with an attorney.”

 

Remember, every case is different. The information provided herein is only general information, and should not be construed as specific legal advice of any kind.  In addition, this information should not be construed as a substitution of legal counsel from a competent DWI attorney in your specific jurisdiction. 

 

Please feel free to contact us if you have specific questions or comments about a case in which you are involved.

Ross Law Offices, PC

940-230-2400

www.RossFirm.net

Denton DWI Attorney

Denton DWI Attorney

AUSTIN MAN WHO BLEW 0.00 on BREATH TEST IS

CHARGED WITH DWI

Ross Law Offices – Criminal Attorney Denton County Texas

An Austin, Texas man was charged with a DWI last January, even though he took a breath test that cleared him of having alcohol in his system. Cops cited Austin’s “take-no-chances” policy, which might as well be called the “because we can” policy.

It took over a year for the charges against Larry Davis to be dropped, despite his voluntary roadside breath test and despite the blood test that also cleared him of not only alcohol, but 7 other drugs.

Davis had been pulled over for running a stop sign. criminal attorney denton dwi attorney and denton county texas.

As ridiculous as this case sounds, it is far from the first time this has happened in Austin. It appears to be a trend with the APD.

The Defenders, a team of reporters, reports that the Austin PD has a track record of sending a lot of cases like this to court, where they are quickly dismissed.

The Defenders first reported cases like this in a 2011 joint Austin American-Statesman investigation. One case was that of Bianca Fuentes, who blew below the legal limit of .08 in a breath test.

At the time, county prosecutors were dismissing about 30 percent of drunk driving cases – more than any major Texas county — because they said APD was bringing them weak cases that wouldn’t hold up in court.

A Defenders review finds similar statistics for 2013. Of 5,648 new DWI cases filed last year, 1,559, a little less than 30 percent, were dismissed.

Police are still abiding by a take-no-chances policy, even if it means the cases are later thrown out.

As ridiculous as this incident is, it’s important to note that Mr. Davis or any other person unjustly accused in this fashion would need to secure an attorney, would have to miss work for court dates, preparation, and appointments, and would have this charge hanging over them, causing stress and embarrassment for the entire time.

Mr. Davis and his attorney plan to file a grievance against the arresting officer now that the case has finally been dismissed, 13 months after the incident.

 

Be very careful out there.  While it is true that officers must prove you were legally intoxicated, or had lost the normal use of your mental and/or physical faculties at the time of driving in order to obtain a conviction in a court of law, it is very likely that you will be arrested for DWI if you have had even a tiny amount to drink.  Obviously, it’s better not to drink at all, or to have a designated driver when you go out for a drink, but if you are arrested, make sure to contact a qualified DWI attorney as soon as possible to discuss your case. If you’re looking for a Denton DWI Attorney please contact us today!
John A. Ross, Jr.  “Tony”
Defense Attorney
940-230-2400

Denton County Juvenile Lawyer – John “Tony” Ross – Denton County Criminal Lawyers

Denton County Juvenile Lawyer

Denton County Juvenile Lawyer
LIVINGSTON, TX – A high school student is suspended for accidentally bringing a beer to school in his lunch. Now his mom is fighting the suspension.
It’s been said honesty is the best policy, but Chaz Seale doesn’t believe it: “Not right now, I do not.”
Two weeks ago, the 17-year-old Livingston High School junior says he accidentally grabbed a beer from his fridge instead of a soda, then packed it in his lunch kit.
It was an honest mistake, says his mother, one that could happen to anyone.
“He was in a hurry, running late. We were talking about school, and he put it all together and took off for school,” Christi Seale said.
The teen says he realized what he did while in third period. “So I gave it to the teacher, thinking I wouldn’t get in trouble, and I got in trouble,” he said.
Chaz Seale was given three days of suspension and 60 days at an alternative school.
“I was just baffled, I said 60 days? That’s the maximum amount.”
The mom tried explaining to the school principal her son did the right thing by coming forward and feels the punishment doesn’t fit the crime.
In a statement the district says the principal of Livingston High followed appropriate administrative procedures. The district said it encourages any parent who is in disagreement with an administrative decision to seek relief through the appellate process.
A Facebook page against the strict zero-tolerance policy and in support of Chaz has already been started. It’s a welcome sign of support for a mom who is working hard to clear her son’s name.
“I think it’s not black and white. There has to be a grey area,” Christi Seale said. “You can’t punish a kid for doing the right thing, the same punishment that you would give a kid that you catch doing the wrong thing.”
Chaz’s mom is appealing her son’s suspension to try to get the punishment reduced. denton county criminal lawyers

Stories like this are becoming extremely common with children of all ages as school districts increasingly enforce “zero-tolerance” policies and even in Denton County. Children are facing alternative schooling and juvenile court allegations for many things that would have been dealt with by school officials and parents many years ago. Are school districts and police going to far with situations like this one, or has this become a necessary evil? Let us know what you think. Looking for a Denton County Juvenile Lawyer? Please feel free to contact us now!
Ross Law Offices, PC
www.RossFirm.net

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