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FAQ/DWI

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The Lawyer West of the Brazos

Here you will find frequently asked questions that many clients have during their consultation. Along with questions, we have listed procedures that occur during arrest so that you (the client) can know your rights. These are only guidelines as each client and case is individual. Also, please bear with us as we build our site as not all questions and answers have not been added as of yet.


DWI :

  A DWI is an offense committed by an individual who operates a motor vehicle while under the influence of alcohol , drugs or narcotics in a public place. If the officer believes that you are under the influence of any of the above, a roadside elvauation may be performed.

Roadside evaluation may include:

  • Standing on one leg while raising another
  • Touching your nose with an outstretched finger
  • Walk a straight line
  • Count your fingers while touching each to your thumb
  • Recite the "ABC's" without singing

Should I agree to a breathalyzer test?

This decision is completely up to you. Pleas keep these facts in mid first.

  • Alcohol metabolizes very slow in the human body. For instance, if a 120 pound person consumes three beers during a family dinner all before the appetizer  is served three hours later, this same person could very possibly test a 0.08 blood to alcohol ratio with a breathalyzer.
  • Some medications can give you a false positive along with some mouthwashes

Can I refuse to take a breathalyzer test?

  • Yes, and you should refuse to take this test.
  • If you decide to refuse this test, you will be given a DIC 22 form to sign that acknowledges you are refusing to take a breathalyzer test and that you have been read your rights and are now under arrest.
  • After being placed under arrest, the officer will place you in  a vehicle. This vehicle is equipped with a video recorder and microphones and is used as a tool for collecting evidence.

Can you ask for a lawyer?

  • Yes, keep asking to speak with a lawyer. THIS IS YOUR RIGHT!

First DWI offense: 3-180 days jail time, up to a $2,000 fine (more if a child under 15 is present),90-365 days suspended DL, no interlocking device

Second DWI offense: 30-365 days in jail, up to $4000 in fines (more if child under 15 is present), 180-730 days DL suspension, interlock device required

Third DWI offense: 2-10 years TDC, up to $10,000 in fines, 180-730 days suspended license, interlocking device required.




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