• How many drinks does it take to become legally intoxicated?
• What do police officers look for when they are looking for drunk drivers?
  
• What signs of intoxication do police officers look for after stopping someone on the roadside?
  
• If I fail a breath test why shouldn’t I just plead guilty and not risk taking my case to trial?
  
• I didn’t refuse to take the breath test, so why did the cop say I refused?
  
• Will the judge be harsher with me if I go to trial and get found guilty?
  
• Can’t I just pay a fine for something else, do community service and have the DWI dismissed?
  
• Why should I take my case to trial?
  
• If I plead guilty won’t the record just go away after a while anyway?
  
• I have a pilot’s license, how does my arrest affect my flying privileges?
  
• I was on my boat at the lake and this officer arrested me. I wasn’t doing anything wrong. How can they do that?
  
• Can I get a deferred adjudication for this?
  
• I’ve heard that you don’t have to take a breath test if you were boating.
  

• When I got arrested for DWI there was an accident and the other person was injured; what’s going to happen to me?
  
• What can I do if I am faced with this type of offense?
  
• What kind of judge hears this case?
  
• How long does someone go to prison for this type of offense?
  

• What can I do if I am faced with this type of offense?
  
• What kind of judge hears this case?
  
• How long does someone go to prison for this type of offense?
  
  

How many drinks does it take to become legally intoxicated?

What do police officers look for when they are looking for drunk drivers?
According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, officers are taught to look for the following:

● Anything which may draw their attention to the vehicle (especially at night time) such as

● A moving traffic violation

Weaving across a lane

Abruptly swerving

Turning with too wide a radius

Almost striking an object or other vehicle

Stopping incorrectly

Rapid acceleration or deceleration

Driving on the wrong side of the road

Slow response to traffic signals

Slow or failure to respond to officer’s signals

Stopping in a lane for no apparent reason

No headlights

Driving in an area other than a marked traffic lane

Throwing objects out of the car or other inappropriate behavior such as leaning out of the window or yelling out of the window

● An equipment violation (burned out tail light or burned out license plate light)

● An expired registration or inspection sticker

● Any unusual driving actions, such as weaving within a lane or moving at slower than normal speed

● After the stop, evidence of drinking or drugs in the vehicle itself

What signs of intoxication do police officers look for after stopping someone on the roadside?
According to the DWI Detection training manual published by the National Highway Traffic Safety Administration in 2004, officers are taught to look for the following:

● Slowed reactions

● Impaired judgment as evidenced by a willingness to take risks

● Impaired vision

● Poor coordination

● Difficulty exiting the vehicle

● Fumbling with drivers license or insurance

● Repeating questions for comments

● Swaying, unsteady or balance problems

● Leaning on the vehicle for support

● Slurred speech

● Slow to respond to officer/officer must repeat

● Providing incorrect or changing answers to the same question

● Odor of alcohol

If I fail a breath test why shouldn’t I just plead guilty and not risk taking my case to trial?
If you fail a breath test it does not mean that you will always be found guilty. I have tried many, many breath test cases and obtained not guilty verdicts. There are a lot of issues to address even in breath test failure cases. My biggest responsibility is to show the jury that you are on trial for driving while intoxicated – not testing while intoxicated.

I didn’t refuse to take the breath test, so why did the cop say I refused?
The police are taught to call it a refusal if for any reason you do not take a breath test or if you take too long during the administration of the test. But don’t let it bother you. With the right lawyer, a breath test refusal can be one of your strongest factors at trial to argue not guilty.

Will the judge be harsher with me if I go to trial and get found guilty?
Legally the judge cannot do that, and in the vast majority of the cases the judge will not. In fact some judges ultimately may sentence you to less time after a jury verdict when they see you and hear the facts of the case. On the other hand, some judges are just as harsh on guilty pleas as on verdicts of guilty. You should rely upon experienced counsel.

Can’t I just pay a fine for something else, do community service and have the DWI dismissed?
No. In most courts of this State you cannot do that because the Legislature has outlawed the practice. However, in some counties there are similar circumstances where a prosecutor might allow a pretrial diversion which is similar to what you ask. Ask your lawyer about the specific practice in the jurisdiction of your case.

Why should I take my case to trial?
If you plead guilty you have no hope of being found not guilty.

Pleading not guilty is not a lie. It is a legal answer which the judge will enter for you if you refuse to say anything. Additionally, if you plead not guilty your lawyer has many opportunities to use your due process rights to obtain dismissal or a verdict in your favor. This is a DWI case. For most misdemeanors (even second offenses), the jury will not see you as “public enemy number one.” The jurors are not going to be afraid to ride down on the elevator with you at the end of the day. No one will argue that you are a bad person. Many people have been in your position, but they did not get stopped—including some jurors! You have a right to a trial.

If I plead guilty won’t the record just go away after a while anyway?
Probation is a final conviction. It does not go away – ever.

There is no deferred adjudication in Texas for DWI.

I have a pilot’s license, how does my arrest affect my flying privileges?
The Federal Aviation Administration has specific reporting requirements for the arrest and conviction involving this offense. Additionally, you must report any negative action on your drivers license to the administration, or you can lose you pilot’s license. If your drivers license is suspended at the administrative level you must report that suspension to the FAA. The pilot’s license may be suspended or revoked upon conviction for DWI.

I was on my boat at the lake and this officer arrested me. I wasn’t doing anything wrong. How can they do that?
Boating While Intoxicated is the same as driving while intoxicated, except that you are operating a water craft.


Can I get a deferred adjudication for this?
Texas does not allow deferred adjudication for BWI (community supervision for a period of time and then dismiss the case.)

I’ve heard that you don’t have to take a breath test if you were boating.
You don’t ever have to take a breath test. However, if you take a breath test and fail it you won’t lose your drivers license. A drivers license suspension will result from a refusal to take a breath test but not from a failure of a breath test.

The punishment for this offense is the same as DWI..

INTOXICATION ASSAULT

When I got arrested for DWI there was an accident and the other person was injured; what’s going to happen to me?
This is a felony crime if an intoxicated person simply by accident or mistake while operating a car, a boat or an airplane in a public place causes serious bodily injury to another. "Serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. The punishment range is 2-10 years in prison and a fine of $10,000.Most District Attorneys will not allow probation unless the person who is injured and his or her family agree to it. Judges usually follow the recommendation of the District Attorney on this punishment.

What can I do if I am faced with this type of offense?
You should hire a DWI lawyer who is a specialist in criminal law. The reason is that the prosecutor must first prove DWI in this type of case before he can get a conviction for intoxication assault. Also DWI is a “lesser included offense” of intoxication assault. An experienced lawyer may be able to obtain a reduction of the charge to DWI.

What kind of judge hears this case?
This case is tried in a district court. A conviction results in the loss of the rights to vote and to carry arms. A felony conviction creates several restrictions upon a person’s standing in society.

How long does someone go to prison for this type of offense?
The amount of time varies from case to case from 2-10 years. However, probation is an option. If prison time is the sentence, once a person has served a portion of his prison sentence he is eligible for parole. However, if the judge makes a finding that the car, boat or airplane was a “deadly weapon,” the individual must serve at least one-half of his sentence before becoming eligible for parole. A conviction also carries with it many administrative penalties such as a drivers license suspension and surcharges for reinstatement of driving privileges.

Intoxication Manslaughter
This is a felony crime if an intoxicated person simply by accident or mistake while operating a car, a boat or an airplane in a public place causes the death another. The punishment range is 2-20 years in prison and a fine of $10,000. Most District Attorneys will not allow probation unless the person who is injured and his or her family agree to it. Judges usually follow the recommendation of the District Attorney on this punishment. However, probation can be granted by the court or a jury. The average sentence in Bexar County, Texas is about 17 years in prison.

This case is tried in a district court. A conviction results in the loss of the rights to vote and to carry arms. A felony conviction creates several restrictions upon a person’s standing in society. A conviction also carries with it many administrative penalties such as a drivers license suspension and surcharges for reinstatement of driving privileges.

What can I do if I am faced with this type of offense?
You should hire a DWI lawyer who is a specialist in criminal law. The reason is that the prosecutor must first prove DWI in this type of case before he can get a conviction for intoxication assault. Also DWI is a “lesser included offense” of intoxication manslaughter. An experienced lawyer may be able to obtain a reduction of the charge to DWI.

What kind of judge hears this case?
This case is tried in a district court. A conviction results in the loss of the rights to vote and to carry arms. A felony conviction creates several restrictions upon a person’s standing in society.

How long does someone go to prison for this type of offense?
The amount of time varies from case to case from 2-20 years. However, probation is an option, usually when the family of the deceased agrees to it or has not opposition to probation. If prison time is the sentence, once a person has served a portion of his prison sentence he is eligible for parole. However, if the judge makes a finding that the car, boat or airplane was a “deadly weapon,” the individual must serve at least one-half of his sentence before becoming eligible for parole. A conviction also carries with it many administrative penalties such as a drivers license suspension and surcharges for reinstatement of driving privileges.