Texas DWI laws can be too complicated for a lay person to understand. As a result, most people do not have a clear understanding of what their rights are if they are pulled over for DWI. And, they don’t know what they should do if they are charged with DWI. In this post, we have debunked five of the most common myths about DWI cases.
Myth: If I am Stopped for DWI, I Have to Answer the Officer’s Questions.
Fact: Under Texas’s failure to identify law, you are only required to tell your name, address, and date of birth to the officer. You are not required to answer any other question – regardless of what the officer tells you. Myths about DWI cases such as this one are pretty common.
Myth: I can’t be Charged with DWI If My BAC is Under the Legal Limit.
Fact: Texas DWI laws clearly state that you can be charged with DWI even if your BAC is under 0.08 – as long as the officer believes that your physical and mental faculties have been impaired due to the consumption of alcohol or any controlled substance.
Myth: The Breathalyzer is 100% Foolproof Device.
Fact: The breathalyzer’s accuracy greatly depends on how well it is calibrated and maintained. Also, if the person who operates the breathalyzer is not skilled, the chances of a false positive result are very high.
Moreover, certain types of fermented foods and foods or drinks containing vinegar are also known to trigger a false positive result on the breathalyzer. Research shows that those who are on a ketogenic diet are also at risk of failing the breathalyzer test. The bottom line is that the breathalyzer is not 100% accurate or foolproof. And, a skilled Austin DWI defense attorney can defend you even if you fail the breathalyzer test.
Myth: If I Fail the Field Sobriety and Breathalyzer Tests, I Have to Plead Guilty.
Fact: You should never plead guilty without knowing whether the prosecution actually has a strong case against you. Depending on the circumstances, your Austin DWI defense attorney might be able to convince the prosecution to drop the DWI charges against you. Or, even get your case dismissed by the court. So, you should not plead guilty unless your attorney asks you to do so.
Myth: I am Fairly Knowledgeable about Texas DWI Laws. I Can Defend Myself.
Fact: No amount of theoretical knowledge you gleaned from reading legal blogs and books or watching TV shows can measure up to a qualified attorney’s expertise and legal training. Without an attorney’s guidance, you might inadvertently incriminate yourself and make it easier for the prosecution to get a conviction. Correlating with this, it’s paramount for you to be represented by a committed Austin DWI defense attorney.
Facing DWI Charges in Texas? Get the Best Legal Advice Now!
At Hines & Holub, we are fully committed to providing the highest quality representation. We proudly do that for those who are facing DWI charges in Texas. Our attorneys have an in-depth understanding of Texas DWI laws and are highly rated by their peers and clients.
We bring over 85 years of combined experience to the table. In addition, we have the resources to handle even the most complicated of DWI cases. We will fight for you and aggressively pursue a favorable outcome in your case. In order to discuss your case with one of our Austin DWI defense lawyers, call us today at 512-883-5386 or contact us online and schedule a free and confidential consultation.Â
