Over the past few years, the state of Texas has been buckling down on drunk driving. Many of the DWIs during the year are recorded around the holidays, especially the fourth of July, Christmas and New Years Eve. Not everyone arrested for DWI is intoxicated, to help those out who are not intoxicated and those who are, we at Foster Law Firm are dedicated to handle DWI cases for all of our clients. Don’t get unfairly lumped into the statistics. Just because you had something to drink and drove a car does not mean that you have broken the law. The law is that you can not be intoxicated and operate a motor vehicle in a public place. You, by law can drink and drive so long as you are not intoxicated. This means that you have a blood alcohol concentration of .08 or higher or you have lost the normal use of your mental and physical faculties due to the introduction of alcohol, drugs or a combination thereof.
Whether someone has lost the normal use of mental and physical faculties is a very subjective standard, the judge or jury will have the opportunity to review all the evidence and make that decision. Most cases will have a video recorded at the scene or at the Jail. This tends to be the most important piece of evidence. Even if your breath or blood test is above the legal limit you may or may not be guilty. The video can offer great proof that the test is inaccurate. An expert can also be hired to analyze the results for accuracy. Call us and we can help with your DWI charge.
Another aspect of DWI is the possible suspension of your license. This is considered a separate civil matter and is handled by an Administrative Judge. This hearing is important and should always be requested. The law states that if you refuse the breath test or take the test and fail, your license may be suspended. There is always the chance that you can win this hearing and keep your license from being suspended. If you loose it gives you valuable information to be used in your criminal case. Just because your license may be suspended this does not mean you should take the breath or blood test.
You hear it time and time again, but designating a sober driver will not only keep you out of jail and safe during the holidays, but it could very well save your life. Every holiday season, hundreds of people die due to drunk-driving incidents around the nation. Please stay and don’t get behind the wheel after a fun night with friends and heavy libation; you’re not just putting yourself in danger, but all others on the road around you. We do not support getting intoxicated and driving a vehicle but we do believe everyone deserves great legal representation to be sure that they are treated fairly.
Here at Foster Law Firm, we’re dedicated to helping you with all of your DWI needs and can help educate you on the law so that you don’t find yourself in court under one of these charges. Contact us today to schedule a free consultation about your DWI or any other Criminal, Civil, Family, Probate or Personal Injury matter.