Austin dwi

 Frequently Asked Questions About Drunk Driving

Do you have to be "drunk" to be guilty of drunk driving?
No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly
understand the word - intoxicated. But today, intoxication as we know it is not required for one to
be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death
which drinking drivers inflict has changed the laws against drunk driving radically and made them
much more severe. So the criminal laws against drinking and driving now mean operating a vehicle
with considerably less alcohol in your system than what we customarily recognize as being enough
to make a person drunk.

You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the
purpose of every other situation except driving, you may not even be considered drunk. But your
condition may be enough for you to be found guilty of a drunk driving offense under the current
definition of the law. And if you are convicted, you will suffer some very harsh penalties.

Legally, just what is "drunk driving?"
A drunk driving offense, sometimes called driving while intoxicated DWI or driving under the
influence DUI, really has three general meanings:

1. Driving with any amount of alcohol in your system which causes your physical abilities to be
impaired in any way.
2. Driving with a level of alcohol in your system which amounts to a measurement of.08 of
blood alcohol content. To be guilty of this offense, absolutely no impairment of any of your
physical abilities is necessary. You may well be the world's most talented, careful and safest
driver, but if your blood alcohol content registers .08 or above you are guilty of a criminal
offense. Driving with drugs in your system or with a combination of drugs and alcohol, no
matter what the amounts of those substances may be, where your physical abilities have
become impaired in any way.
3. It does not matter if the drugs are legal , over the counter medications like antihistamines, nor
does it matter if you have a prescription to take the drugs. If you are impaired as a result of
taking them, then you are guilty of a criminal offense.


What amount of alcohol do I need to drink to have a blood alcohol content of .08 or
higher?
Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending
upon a number of factors. The main factor is your weight. To calculate your blood alcohol content
based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed
drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration:

* 120 lbs: one drink in one hour -- .032
* two drinks in one hour -- .064
* three drinks in one hour -- .096
* 180 lbs: one drink in one hour -- .021
* two drinks in one hour -- .042
* three drinks in one hour -- .063
* four drinks in one hour -- .084


What kind of reason does a police officer or highway patrolman need to have in order to
stop me to investigate whether or not I am driving under the influence?
The officer must have what is legally termed a "reasonable suspicion," based on something unusual
that is actually observed about the way a person is driving. This is a very low standard and it can be
satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver
being under the influence. In addition, during holiday seasons, police officers typically set up field
sobriety checkpoints where they routinely stop every driver who passes through the checkpoint.
These checkpoints do not require the officer to observe anything suspicious about a person before
stopping and investigating someone.

What happens to me if I am pulled over by the police or the highway patrol for
investigation of drunk driving?
If you are stopped, always be courteous and cooperative with the officer even if you are 100%
clean of any type of alcohol or drugs, and even if you are certain that your driving did not show
anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking
job and the "attitude" you show to the officer can often make all the difference as to whether or not
the encounter will be an unpleasant one for you.

What will happen if the officer who pulls me over suspects that I have been driving under
the influence?
The officer will ask you to get out of the car and will instruct you to perform a series of "field
sobriety tests." These are standard physical ability measures and they include:

* Reciting the alphabet from A to Z;
* Closing your eyes and bringing both index fingers together;
* Walking along a straight line;
* Standing on one foot for a few seconds;
* Picking up a coin dropped on the ground;

In addition to these tests, some officers typically have certain field sobriety testing devices which
they use. One such device is a breath meter which you blow into. Another is a light to shine in your
eyes in order to test your pupil reaction. It is very important that if you suffer from any chronic
physical problems, such as difficulty with your balance, problems walking or with your legs or feet,
that you inform the officer of these things before you go through the field sobriety tests.

What happens if the officer believes that I have not performed the field sobriety tests
satisfactorily?
At that point you will be told that you are under arrest for driving under the influence. You will be
hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for
further tests. At the jail you will also be booked and held there until you post bail or until a judge
releases you on your own recognizance without bail. Once again, as upsetting and as stressful as
being arrested is, it is essential that you continue to act courteously and cooperatively with the
officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only
make the experience even more unpleasant for you. Finding an experienced DUI Lawyer would be
advisable.

What is a blood alcohol test?
This is a physical procedure to determine how much alcohol you actually have in your system.
You do not have the right to refuse to take any test. If you refuse to take a test, your driver's
license is automatically suspended for one year. Also, in your trial, the jury will be told that you
refused to take the test and the judge will instruct the jury that they can consider your refusal as
evidence of your guilt.

What are the penalties for driving while under the influence?
Drunk driving penalties have become very severe in the past few years. For a first offense, the
maximum possible penalties the court could impose are:

1. 6 months in the county jail:
2. $1,000 fine plus up to an additional $1,950 in penalty assessments;
3. 6 months driver's license suspension;
4. Your car impounded for 30 days.


The bottom line legal and practical advice to draw from all of all of the above is very clear:

IT IS NEVER WORTH IT TO DRINK AND DRIVE. Having a good DUI Lawyer if you are
charged with this offense is extremely important!