VIDEO LEARNING CENTER
DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
Drunk Driving Overview
While every state has their own specific guidelines for how and what they charge a person who has been arrested for driving under the influence or driving while intoxicated – all fifty states set the legal limit for drunk driving at 0.08. (Don't let that number fool you though – you could be convicted with a BAC much lower!) In addition, most states use a combination of legal alternatives available to the courts if an individual has been convicted for a DUI or DWI charge. These include:
- Jail or prison terms of weeks to years
- Monetary fees and fines – some repetitive over the course of several years
- Loss or restriction to driving privileges
- Permanent mark on state driving record and possible criminal record
- Community service and/or other types of restitution
The residual effects of a DUI conviction are usually not considered but there are unfortunate consequences. First, you may lose your job if it is driving-related. In addition, all future employers must be notified of the DUI conviction in the job application process. There are many managers who will simply not place a convicted drunk driver in the prospective employment pool. Finally, a drunk driving guilty sentence can impact personal and family relationships as well.
The average citizen most likely does not give much thought to drunk driving if they haven't crawled behind the steering wheel of a car but you can be charged with drunk driving if you are intoxicated while any number of motor vehicles. If you are operating a boat, snowmobile, bicycle, motorcycle, ATV, golf cart or even electric wheelchair while you are intoxicated you can be stopped, arrested, charged and convicted of drunk driving.
Legislatures across the United States continue to expand the definition of driving as well. Persons who have been found to be asleep behind the wheel of a car in their own driveway have been arrested for DUI. In another case a man had wrecked his car while in a driveway and crawled in the back of the vehicle to 'sleep it off'. He was pulled out of the back of the camper and arrested for drunk driving. Other legal questions continue to plague the courts concerning the location of the keys (Were they in the ignition? Were they in the driver's pocket?) Unfortunately, there is no set number of drinks or type of alcohol that a person can use to determine whether or not his or her blood alcohol content level is at the legal limit. Police usually use a combination of tests to attempt to accurately identify a BAC. If stopped you may be asked to submit to a sobriety test, breathalyzer test or even blood or alcohol test. However, you can purchase a personal breathalyzer that will help you determine how close you are to the legal limit. While these tools may not be as sophisticated as those used by law enforcement – they are compact and affordable and could actually be the your next best purchase.