Most questions from Clients relate to DWI charges. If your question is not here, please call my office at 936-564-8744.
Q: Is the Breathalyzer scientifically dependable?
The "scientific method" requires that only one variable at a time be changed. Your Breathalyzer score is influenced by many variables.
- If your temperature is above 98.6, you will probably have a higher breath test result.
- Based on a .08 limit, the acceptable error rate for the machine is over 20%
- If there is an error in the sample chamber it is magnified 2592 times.
- The sample chamber is never cleaned.
- Other substances incorrectly read as alcohol.
- The machine is self-testing, but no one makes sure the self test is working.
- The manufacturer does not warrant the Intoxilyzer 5000 for accurate and reliable breath testing.
- The Intoxilyzer also assumes that everyone tested will have a blood/breath ration of 2100/1 (i.e. 2100 parts of alcohol in the breath for every 1 part of alcohol in the blood). If a person has a higher blood/breath ratio (i.e. 2400/1) the test will not be adversely affected by this assumption. However a person with a lower blood/breath ratio will be adversely affected because the Intoxilyzer will erroneously read too high, thus a person who should test at .05 or .06 could actually test well above a .08 Additionally, scientists have documented people with blood/breath ratios as low as 1100/1.
Q:Should I Take Sobriety Tests?
A: NOT WITHOUT A LAWYER
Explanation: Ask for a lawyer who is a National Highway And Traffic Administration Certified Instructor in DWI Detection and Standardized Field Sobriety Testing to be present for the tests. Otherwise, you are depending on the Officer to give the tests correctly.
Q: Should I Submit to an Intoxilyzer Machine For the Breath Test?
A: NOT WITHOUT A LAWYER
Explanation: You should not take the test unless you have not had ANYTHING AT ALL to drink. Otherwise, you are depending on a non-scientific machine to spit out a number you cannot trust.
Q: Will I Lose My Driver License?
A:If the machine shows .08 or more, maybe.
Explanation: If you refuse to take the test, maybe. You MUST request a hearing within 15 DAYS to avoid an AUTOMATIC SUSPENSION. Call for details.
Q: Can I Drive During the Suspension Period?
A: Probably so. Call for details on an OCCUPATIONAL DRIVER'S LICENSE.
Q: What are some of the reasons my license could be suspended?
A: Below are several possibilities.
|1) A blood or breath test refusal or failure.||If a person refuses or fails a blood or breath test following an arrest for driving while intoxicated, the person may receive a license suspension of 90 days up to 2 years. (Click here to access the Administrative License Revocation web page.) Texas Transportation Code Chapter 524 , Texas Transportation Code Chapter 724 , 37 Texas Administrative Code 17.7.|
|2) A conviction for driving while intoxicated (DWI).||The license suspension period ranges from 90 days up to 2 years. A conviction for driving while intoxicated under the age of 21 will result in an automatic suspension for one year. Texas Transportation Code 521.344. NOTE: It is possible to receive a suspension for a DWI conviction AND a suspension for a blood/breath test refusal/failure arising from the same arrest.|
|3) Alcohol related offenses by a Minor.||Persons under 21 years of age who are convicted of some offenses will receive a 30 day license suspension for the first offense, 60 days for a second offense, and 180 days for a third offense. Alcohol Beverage Code 106.071.|
|4) A conviction for a drug offense.||A person's license is automatically suspended upon final conviction of a drug offense. The suspension period for an adult is 180 days. In addition, a drug education program is automatically required and must be completed within the 180-day suspension period or the license remains suspended until such time as a certificate of completion is received by the Texas Department of Public Safety (DPS). Texas Transportation Code 521.372.|
For persons under the age of 21, the period of suspension ranges from 180 days to one year, depending on the type of offense, and the convicting court determines whether the drug education program will be required. Texas Transportation Code 521.342 .
NOTE: A person who does not hold a Texas Driver License at the time of conviction will be prohibited from obtaining a Texas Driver License for a period of 180 days. The prohibition period will not begin until the person makes contact with DPS for the issuance of a driver license or for reinstatement of driving privileges for non-residents. Texas Transportation Code 521.372.
Reinstatement items with fees required should be mailed to:
Texas Department of Public Safety
Central Cash Receiving
P.O. Box 15999
Austin TX 78761-5999.
Check or money order only, do not send cash.
Make Checks Payable to TX DPS.
Please include full name, date of birth and driver license number if known.
Q: What is an SR-22 and how can I obtain an SR-22?
A: An SR-22 insurance policy is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance. Please contact my office at 936-564-8744 for details.