Keeping You Informed: Effective 09/01/2011, the Texas legislature passed the Abdallah Khader Act. This bill makes driving while intoxicated with a blood-alcohol content level of 0.15% a Class A misdemeanor (which carries a penalty of up to a year in jail instead of a maximum of 180 days). The bill also makes the crime of intoxication assault, in which the victim is left in a vegetative state, a second-degree felony (which carries a penalty of two to 20 years instead of two to 10 years).

Your Legal Rights in a DWI Case

DWI & DUI Attorney in Texas

If you are pulled over by a police officer who suspects you of driving under the influence of alcohol, you do have certain options. Above all, be polite with the officer. He or she will likely ask you to perform some roadside tests to determine if you are intoxicated. If you are certain that you are not under the influence of alcohol but you still doubt your ability to perform the tests, you may refuse to perform these tests until you have spoken with your attorney.

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Note that you do not have a right to attorney consultation at this point, but you also cannot be forced to take the roadside tests. At this point, you will likely be arrested and asked to use a breathalyzer to look for traces of alcohol on your breath. Given that these breathalyzer tests are not always accurate, you may again refuse to perform the test until you talk to your attorney. Once again, you have no right to consult with an attorney, but you also cannot be forced to use the breathalyzer due to their potential inaccuracy.

If you have been charged with a DWI and need an experienced lawyer call the Texas DWI lawyers at Grossman Law Offices.


Related articles:
Dallas felony cases
DWI penalties
Types of probation

Questions answered in this article:
What are my rights when I get pulled over on suspicion of DWI?
Do I have to take a breathalyzer test?
Do I have a right to an attorney before I take the test?


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