Herreth Law
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Parker County Criminal Defense Blog

Do you have to take a field sobriety test in Texas?

If a police officer pulls you over due to suspecting you are driving while intoxicated, he or she may ask you to step out of the car and perform a field sobriety test. The point of this test is to determine if you are drunk and deserving of an arrest for DWI.

While it is always a good idea to cooperate with law enforcement, you do not have to take this roadside test in Texas. You can politely refuse to take it and will not be subject to any penalties for refusal. This fact is important to know because field sobriety tests are easily inaccurate and only harm your case. 

DUI and DWI testing and your rights

DUI and DWI charges are serious and intended to discourage future dangerous activity. The penalties for such charges may cost drivers their driving privileges

Those looking to maintain their rights must be aware of the charges and what they entail. There are a few key facts to understand in regard to the charges.

Understanding marijuana laws in Texas

Attitudes and laws about marijuana are quickly changing across the country, and Texas is no exception. You may have heard about the state implementing a new medical marijuana law, or local communities being softer on petty offenses. Perhaps you even came from nearby states such as Colorado or California that legalized recreational use. 

With all these different and changing laws, it can be confusing to figure out what exactly will happen to you if you get caught possessing marijuana. Read below for help understanding how Texas treats these drug offenses. 

Can I get my case expunged in Texas?

The court has dismissed the criminal case against you, whether through a deferred adjudication program or another mechanism. While that is certainly good news, you should be aware that, without further action, your arrest record remains available to employers, landlords and other people you may not wish to share this information with.

In Texas, an expunction completely destroys your arrest records and any other case documents. Thus, no one, including law enforcement, will know that you were ever arrested and charged. Once you obtain an expunction, you can state on employment or rental applications that you were never arrested.

3 methods of expunging DUI records

Anybody with a criminal record knows all too well how it can affect many aspects of life. Records of arrest - or worse, a conviction - may impede finding employment, getting an apartment or pursuing certain vocations. DUI charges are particularly problematic because people often associate them with recklessness, indiscretion and unsafe behavior. There are a few ways to expunge such records, though.

The following three are some of the most common opportunities for DUI record expungement in Texas. Whether you are facing a new charge or trying to have an old one removed from your record, it can help to have a legal representative by your side advocating for your interests and fighting for your rights.

Are breath tests always accurate?

The breath test is among the most common tools police officers use to bolster DUI charges. If you are stopped on suspicion of drunk driving, you will most likely be asked to breathe into a machine that measures your blood alcohol level. A positive reading will serve as evidence of impaired driving and can result in serious consequences if not challenged.

Texas DUI: Avoiding jail time

The best way for you to avoid going to jail on a DUI conviction in Texas is obviously to avoid drinking and driving altogether. If you plan to imbibe before getting behind the wheel, you may first want to educate yourself as much as possible about the risks involved. That way, you might feel more relaxed when you're out on the town with friends or family and not feel as worried about getting pulled over or arrested for suspicion of impaired driving. In fact, there are several things you can do to help you avoid a negative outcome.


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