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DUI Archives

Five Possible Breathalyzer Flaws

If a defendant provided a breath sample, the DWI conviction rate is significantly higher. But that's primarily because of the way the law is written, and not because Breathalyzers are bulletproof. In Texas, if the defendant's BAC level was above the legal limit, the defendant could be guilty as a matter of law.

Taking on the DWI Field Sobriety Tests

If officers have probable cause, they can demand that DWI suspects provide chemical breath or blood samples which determine their Blood Alcohol Content. If the BAC level is above the legal limit, which is usually .08, the defendant might be guilty as a matter of law. About 80 percent of DWI suspects provide chemical samples.

What to Expect in a DWI Probation

Months of intense court supervision is not for everyone. That's especially true if the defendant has issues accepting authority or has problems getting to certain places at certain times. For these and other reasons, an increasing number of DWI defendants choose a brief jail sentence over a lengthy period of probation.

Does the ALR Hearing Matter in a Parker County DWI Case?

Drivers' license suspension is perhaps the worst collateral effect of a DWI. However, contrary to popular myth, arrest-related drivers' license suspension is neither automatic nor mandatory. That's assuming the defendant requests an Administrative License Revocation hearing. At the ALR hearing, the state must prove specific facts to impose license suspension.


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