As an attorney with 15 years experience on both sides of the courtroom, too often I’ve seen the look of shock on peoples faces when they learn about Texas DWI laws. Keep these in mind before taking the wheel.
First, what is "Driving While Intoxicated" and how is Texas different?
Many are surprised to learn that DWI isn’t just drinking and driving.
The law provides under 49.04 of the Penal Code, that you can be arrested if you are "operating a motor vehicle while intoxicated".
“Intoxicated" means you have lost your mental OR physical faculties due to the introduction of alcohol, drugs or a combination of drugs and alcohol. There is no requirement that the "drugs" be illegal, or that your blood be examined right away. Sadly, we all know the famous golfer who made headlines after his arrest under similar circumstances.
In many Texas counties, including Montgomery County, most weekends are considered "No Refusal" weekends, meaning if you exercise your constitutional right to refuse the taking of your blood a police officer can get a warrant and take your blood forcefully. A typical blood test for illegal or prescription drugs takes at least 100 days to get the test results back.
During that time, you can lose your license whether or not you are subsequently prosecuted for Driving While Intoxicated.
So, you can lose your license for refusing a blood test, even if the test later shows that there was nothing in your system.
The Montgomery County District Attorney's Office has received repeated recognition from MADD for its aggressive prosecution of DWI offenses.
First offenders have a 3 day minimum jail sentence and up to 180 days, and you can have 3 years of DPS surcharges if you are convicted in Texas.
Montgomery County is just an example. Many other Texas counties enforce these laws with the same level of seriousness.
For those who drive for a living or who need to drive a vehicle to/from work or school- this can be devastating.
But, there are things that can be done to help you or your loved one’s situation if faced with DWI charges in Montgomery County or anywhere in Texas. Experience matters. If you or a loved one needs help, call the Law Office of Andrea M. Kolski at 832-381-3430.
We are conveniently located at 8505 Technology Forest Place, Suite 104 in The Woodlands, TX — 77381. You can reach us by filling out this form or by contacting us at 832-381-3430. If you're not sure about whether or not the Law Firm of Andrea Kolski can serve you, please visit us here to learn more about Andrea and this firm.