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Can a person drink an alcoholic beverage while driving a car?

No! It is a class C misdemeanor for a driver to operate a car and personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases if the driver is arrested for DWI. However, there is no prohibition against any passenger having an open alcoholic container.

Can a person drink an alcoholic beverage while driving a car? No! It is a class C misdemeanor for a driver to operate a car and personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases if the driver is arrested for DWI. However, there is no prohibition against any passenger having an open alcoholic container.

Does a person have a choice to refuse a required breath or blood test?

Yes! Our law provides that where the implied consent law is applicable, the person arrested for DWI may refuse to take the requested test. Such a refusal, however, can result in the following penalties:

1. suspension of your driving privileges for 90 days if this is your first arrest for DWI.

2. a 180 day suspension for a subsequent arrest if, in the first arrest you refused to submit to testing or had an alcohol concentration of .08 or greater,

3. a one year license suspension if you have a prior conviction for DWI; and,

4. the admission into evidence of your refusal to take the breath test in the subsequent DWI criminal trial. The purpose of this admission, from the prosecution's viewpoint, is to imply to the judge or jury, that the refusal was premised on the belief that the driver thought he was too intoxicated to pass the test.

If you do submit to alcohol concentration testing and fail, your driver's license privileges can be suspended, and the test result may come into evidence in the criminal trial. The possible suspension periods are as follows:

60 days if your driving record shows no prior alcohol related arrests,

120 days for two or more prior arrests without a conviction, and

180 days if you have a prior conviction.

Does a person have a choice to refuse a required breath or blood test? Yes! Our law provides that where the implied consent law is applicable, the person arrested for DWI may refuse to take the requested test. Such a refusal, however, can result in the following penalties: 1. suspension of your driving privileges for 90 days if this is your first arrest for DWI. 2. a 180 day suspension for a subsequent arrest if, in the first arrest you refused to submit to testing or had an alcohol concentration of .08 or greater, 3. a one year license suspension if you have a prior conviction for DWI; and, ...

What Does Intoxicated Mean?

A person need not be drunk to be "intoxicated" but a person who is drunk must be intoxicated. "Intoxicated" is defined by the DWI statute in two ways. First, a person is "intoxicated" when she drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the "normal" use of either her "mental" or "physical" faculties. Second, a person is "intoxicated" when she drives and has an alcohol concentration of .08 or more in her body.

What Does Intoxicated Mean? A person need not be drunk to be "intoxicated" but a person who is drunk must be intoxicated. "Intoxicated" is defined by the DWI statute in two ways. First, a person is "intoxicated" when she drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the "normal" use of either her "mental" or "physical" faculties. Second, a person is "intoxicated" when she drives and has an alcohol concentration of .08 or more in her body.

How accurate and reliable are the police methods used to determine alcohol concentration?

Texas law provides that testing of alcohol concentrations can be performed by analysis of a DWI suspect's urine, blood or breath. All three of these testing methods, however, leave much to be desired.

Urine testing is the least accurate and least reliable means of alcohol concentration testing. Indeed, there appears to be no debate in the scientific community that this method of alcohol concentration testing is the least preferred.

Blood testing, unlike that of urine testing, is thought by the majority of forensic scientists to be the most accurate and reliable means of alcohol concentration determination. From a police perspective, however, it is also thought to be the least desirable and least convenient method. Further, like the testing of urine specimens, it provides an opportunity for the arrested person to recheck the blood test. If found to be erroneous, the validity of the police test can be attacked by re-testing the exact specimen taken by police.

Breath testing, again from a police perspective, is the most convenient means of alcohol concentration determination. In regard to the issues of accuracy and reliability of breath testing, however, there continues to be a heated debate among scientists. Moreover, under current procedures for breath testing in Texas, breath samples are not preserved for subsequent checks of the initial test's validity. Indeed, for purposes of breath testing, if you are an innocent person and your breath test results show you to be intoxicated, then the chances of showing error in the prosecution's case against you are literally "gone with the wind".

How accurate and reliable are the police methods used to determine alcohol concentration? Te xas law provides that testing of alcohol concentrations can be performed by analysis of a DWI suspect's urine, blood or breath. All three of these testing methods, however, leave much to be desired. Urine testing is the least accurate and least reliable means of alcohol concentration testing. Indeed, there appears to be no debate in the scientific community that this method of alcohol concentration testing is the least preferred. Blood testing, unlike that of urine testing, is thought by the majority of forensic scientists to be the most accurate and reliable means of alcohol concentration determination. From a police perspective, however, it is also thought to be the ...

Does a DWI or DUI conviction affect a minor's driving privileges?

The Department of Public Safety will automatically suspend the license of any minor convicted of an alcohol related driving offense for one year. Furthermore, if the Department can show that the minor is addicted to the use of alcohol, then the minor becomes ineligible to keep or obtain a driver's license.

Does a DWI or DUI conviction affect a minor's driving privileges? The Department of Public Safety will automatically suspend the license of any minor convicted of an alcohol related driving offense for one year. Furthermore, if the Department can show that the minor is addicted to the use of alcohol, then the minor becomes ineligible to keep or obtain a driver's license.

If I refuse a chemical test or if I'm found to have an alcohol concentration of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended?

First of all, you have the right to what is called an Administrative License Revocation Hearing (we call them ALR hearings). After you are arrested for DWI and either refuse or fail chemical testing, a peace officer is required to give you written notice that your driver's license will be suspended. After the officer does that, you will have 15 days from that date to request, in writing, a hearing from the Department of Public Safety (DPS) headquarters in Austin. Alternatively, if you fail to request a hearing, you waive that right and your license will be suspended on the 40^th day after receiving notice.

If the officer fails to provide you with notice of your license suspension, the DPS will mail a notice to you, via certified mail, that your driver's license is subject to suspension. This is important because instead of the 15 days to file for a hearing from the date of your arrest, you now have15 days from the date you receive the DPS notice. Notice is presumed to have been received 5 days after it is mailed, triggering the 15 day time limit to request a hearing. Accordingly, do not rely on receiving notice from the Department to request a hearing or you might end up waiving that right. This is also a good time to confirm that the address on your driver's license is correct with DPS, because that is where the DPS will send the notice. For notice by mail purposes, your driver's license address is your mailing address, even if it is the incorrect address. This is because you have a duty to report address changes to the DPS within 30 days of moving. Accordingly, be sure to have your license address changed if you have moved since obtaining your license.

When you make your request for an ALR hearing, the suspension of your driver's license is stopped while you await the hearing. Furthermore, if you lose your hearing, you also have the right to appeal. To appeal, you must request the appeal within 30 days after the judgment becomes final. Otherwise, you waive the right to appeal and your driver's license will be suspended on the 40^th day after the judgment becomes final. Again, while you are waiting for the appeal to be heard, your driver's license suspension is stopped, but only for a period of 90 days. Your license will be suspended on the 91^st day, even if your appeal has not been ruled upon. Here, however, if you win your appeal, then your suspension is lifted. Whether your suspension can be prevented is, however, dependent upon whether you have been convicted of an alcohol related offense within the past 10 years, or whether your driver's license has been suspended in relation to a drug or alcohol related offense in the past 5 years. If you fit into one of these categories, your driver's license is suspended on the 40^th day after the final judgment during the pendancy of your appeal. Again, however, the suspension is vacated if you win your appeal. Lastly, if you ultimately lose your license to a suspension, you can still have it reinstated if you win your DWI case by being found "not guilty."

If I refuse a chemical test or if I'm found to have an alcohol concentration of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended? First of all, you have the right to what is called an Administrative License Revocation Hearing (we call them ALR hearings). After you are arrested for DWI and either refuse or fail chemical testing, a peace officer is required to give you written notice that your driver's license will be suspended. After the officer does that, you will have 15 days from that date to request, in writing, a hearing from the Department of Public Safety (DPS) headquarters in Austin. Alternatively, if you fail to request a hearing, you waive that right and your license will be suspended on ...

When does a person arrested for DWI have an absolute right to the assistance of an attorney?

Under our Federal and State Constitutions, persons have an absolute right to the assistance of an attorney at their criminal trial. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some pretrial stages, a person in custody has a right to assistance of an attorney for one purpose but not for another purpose, i.e., for assistance in answering police interrogation questions but not for deciding whether or not to take a breath or blood test.

Generally speaking, any person who is in custody of a police officer wherein it would objectively be viewed he is under arrest, even if the person has not been told so, is entitled to be informed of his rights to remain silent, to have assistance of a lawyer prior to and during any interrogation, to have a free attorney if he is financially unable to hire one, and, to terminate any such interrogation. However, deliberate or negligent violations of these rights by police do not mean the person's criminal prosecution will be dismissed. Rather, the remedy for such violations is merely to declare the use of the person's incriminating statements illegal and to preclude them from being used against him by preventing their admission into the prosecution's evidence.

In regard to the above exclusionary rule, two things need to be remembered. First, police do not have to inform arrested persons of their rights if no interrogation questions will be asked. Second, if police do intend to ask interrogation questions and intend to use the person's answers as evidence of guilt, they need to not only make sure the arrested person understands the rights, but also, they need to prove the person knowingly and intentionally gave the rights up.

When does a person arrested for DWI have an absolute right to the assistance of an attorney? Under our Federal and State Constitutions, persons have an absolute right to the assistance of an attorney at their criminal trial. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some pretrial stages, a person in custody has a right to assistance of an attorney for one purpose but not for another purpose, i.e., for assistance in answering police interrogation questions but not for deciding whether or not to take a breath or blood test. Generally speaking, any person who is in custody of a police officer wherein it would objectively be viewed he is under arrest, even if the person has not been told so, is entitled ...

Can police ask a minor to take the breath test?

Yes, the law here is the same as for an adult. Texas law deems that all persons who drive with a Texas license have already conditionally agreed, after being arrested, to take either a breath or blood test upon being properly requested to do so by a police officer. A proper request requires the officer to not only read a required statutory script, but also, to furnish the written script to the arrestee before the test request is made. Again, there is no deemed consent for urinalysis testing.

Can police ask a minor to take the breath test? Yes, the law here is the same as for an adult. Texas law deems that all persons who drive with a Texas license have already conditionally agreed, after being arrested, to take either a breath or blood test upon being properly requested to do so by a police officer. A proper request requires the officer to not only read a required statutory script, but also, to furnish the written script to the arrestee before the test request is made. Again, there is no deemed consent for urinalysis testing.

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Can a person drink an alcoholic beverage while driving a car?

Can a person drink an alcoholic beverage while driving a car?