DUI Arrests in Fort Worth, Texas
You can get charged with DUI in Texas if you are under the age of 21 and you have any detectable amount of alcohol in your blood; you should hire a criminal defense lawyer to represent you in your DUI case, even if you are legally a minor.
Drunk driving cases are among the most common reasons that people contact criminal defense lawyers. Even though a lot of people do not think of DWI as a real crime, you can face serious consequences for it, including prison time. For example, Rose Ann Davidson is currently serving a life sentence in Texas after six drunk driving convictions, despite never having caused an accident while driving drunk. This is only the worst-case scenario, but you should not treat a DUI like just another traffic ticket because the law does not see it that way. The good news is that the legal rights of defendants in criminal cases apply in the case of drunk driving charges, just like they do for all other criminal offenses. The Fort Worth DWI and DUI lawyers at the Office of Kyle Whitaker can help you if you have been arrested for DUI or DWI.
What is the Difference Between DUI and DWI in Texas Law?
The terms driving under the influence (DUI) and driving while intoxicated (DWI) have different definitions in different states. Texas law defines DWI as when a person who is at least 21 years old operates a motor vehicle while his or her blood alcohol content (BAC) is at least 0.08%. The law defines DUI as when a person under the age of 21 operates a motor vehicle while the driver’s BAC is above zero, even if it is less than 0.08. In other words, all defendants in DUI cases in Texas are below the legal age to buy alcohol.
What Happens if You Refuse a Breathalyzer Test?
In many DWI and DUI cases, the results of the breathalyzer test taken at the traffic stop are the most important piece of evidence. It is much harder to prove that a driver’s BAC was above the legal limit if there was no breathalyzer test at all or if the test happened hours after the traffic stop. Therefore, some defendants refuse breathalyzer tests, and some law firms even post billboards advising drivers not to take the tests, using slogans like, “Do not blow.” If you refuse a breathalyzer test, the court will automatically suspend your driver’s license while your DWI or DUI case is pending. Whether or not you refused the breathalyzer test at your traffic stop, it is in your interest to hire a criminal defense lawyer to represent you in court.