Brazos County DWI and Related Charges
A Brazos County DWI Attorney Will Fight for You and Defend Your Charges!
There are several types of alcohol related offenses that involve driving a motor vehicle with alcohol in the driver’s system. The most common is driving while intoxicated (DWI). DWI applies to a driver of any age. In Texas, DWI is defined as having lost the normal use of one’s mental or physical faculties, caused by the introduction of alcohol (or drugs) into the system, or by having a breath or blood alcohol concentration of 0.08 or above. For drivers under 21 years of age, there is a similar offense called driving under the influence (DUI). DUI is a class C misdemeanor offense and is less serious than DWI. If someone under 21 has any detectable amount of alcohol in their system, they can be prosecuted for DUI. In addition to DWI and DUI, Texas prosecutes similar intoxication related offenses like boating while intoxicated, intoxication assault, and intoxication manslaughter. I am a Brazos County DWI attorney and we represent persons charged with all types of intoxication offenses.
Bryan DWI Lawyer Evaluates Reasonable Suspicion
Before a police officer may legally detain someone, they generally need what’s called reasonable suspicion. In DWI cases, reasonable suspicion might develop through a variety of common circumstances. For example, if an officer observed a motorist committing a traffic offense, like speeding or failing to signal a turn, that could give them the required legal justification to stop and detain the person. Other behavior that might justify a stop would be erratic driving. That is, driving that’s not necessarily a traffic offense, but because of the time of night or the location, driving that might indicate someone is intoxicated. Another common way police may contact a driver is at an accident scene. Less common circumstances are anonymous tips, 911 calls, or someone reporting alarming driving behavior of some kind. A Bryan DWI lawyer can investigate and challenge the police officer’s reasonable suspicion.
What Should I Do If An Officer Is Investigating Me For a Brazos County DWI?
Every DWI investigation and every contact with the police is different. Every person’s performance on sobriety tests is different, as well. Consequently, it’s very difficult to provide quality advice about what to do when you’re investigated for a DWI. However, other than avoiding drinking and driving, there are two things I can say with confidence.
First, remain silent! When an officer pulls you over and begins asking questions, the law only requires you to provide them with your driver’s license and your proof of insurance. You are not required to answer any further questions. If an officer suspects you’ve been drinking, they will ask you what you had to drink, how much you drank, and even ask whether you believe you’re intoxicated. All those answers will be used against you in court. Therefore, the most important thing you can do is keep your mouth shut!
Second, following an arrest the police may request a sample of your breath or blood using the Texas implied consent law. If you refuse to voluntarily provide a sample, they often apply for a search warrant to obtain your blood. In general, blood tests are more difficult to defend than breath tests. Breath testing is less scientifically sound than blood testing. As a result, breath testing is somewhat easier to defend. Consequently, if you’re confronted with deciding whether to provide a sample, especially here in Brazos County, I would much rather someone provide their breath sample. Years ago, our standard advice was do not provide any sample at all. But with the advent of blood search warrants, that advice has changed.
So, other than remaining silent and consenting only to a breath test, any other advice on what to do would only be guessing. I cannot speculate on what might be helpful to you at the moment in time when you’re under investigation. An experienced Brazos County DWI attorney is your best resource when you are accused of driving while intoxicated.
Is Self-Representation A Viable Option
In A Bryan DWI Case?
Self-representation is never a viable option, even though a person is entitled to self-representation under both our United States and Texas Constitutions. The danger is no layperson has the legal or scientific training necessary to appropriately and effectively defend their DWI case. These cases are just too complicated, both from a legal and technical point of view. So, in that respect, a person accused of DWI has no business representing themselves. Consequently, contact a good Bryan DWI lawyer as quickly as you can after an arrest for this offense.
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