The first thing you need to know is that you have 15 days from the date of arrest to request a license suspension hearing. This hearing is the first step in your defense of the DWI case and is critical. So you need to start interviewing DWI attorneys immediately.
The question about the BAC level at the time the blood was drawn versus the time of driving is an issue of retrograde extrapolation. The State's scientist may be able to make this calculation at trial, depending on the information available to him. The police to not have the scientific knowledge to do this. Retrograde usually puts the score lower at the time of driving rather than higher.
Do not report the DWI to your insurance company until you absolutely have to, which is not until after a conviction if at all. The status of the car as a fleet vehicle is irrelevant to a license suspension hearing.
DWIs are very technical cases, especially when blood evidence is involved. You need an experienced attorney helping you as soon as possible.
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The time it takes to get back blood varies greatly. I've had a client waiting for more than 3 months. If the result is under, they can try to relate back in time but they have to have more information such as whether you were going up or down in level (which they can only make an educated guess if you gave them information such as when you were drinking......)
You were not given any tickets so it depends on the wording of the question on your insurance.
Because you refused the breath test, you should have been given a (usually) yellow DIC form that advised you that you had to request a hearing or your license WILL be suspended for 6 months beginning the 40th day after your arrest. You need to hire a lawyer immediately to handle this matter (because it is often used for purposes of discovery on the DWI case itself.)
Ms. Henley and Ms. Jaggers have given you good answers.
You need to take what they said to heart and either today (Christmas eve) if you can, ASAP, get a lawyer to assist you. Hiring a good DWI defense lawyer in the city where the case is pending is an investment in your future as well as your present. As I have told clients for years, third offense DWI is a felony in Texas, so each DWI should be fought tooth and nail.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
The state can try to extrapolate the approximate level of alcohol based on time waiting and level at time of test however it is not an exact science and is one that can be attacked. Additionally, you have limited time after arrest to challenge the license suspension so if you haven't already you need to hire an attorney or request an ALR hearing NOW. As for the insurance, report it only when you've been convicted, if it goes that far. and the fleet issue shouldn't matter for now, however if convicted you might have to explain to your insurer the circumstances.
Either way, you need an attorney to help you fight this and protect your license. If you have a CDL it's even that much more important.
Good luck to you and please feel free to call me to discuss your options with this charge.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing
In Texas, the State can prove intoxication in one of two ways, either that you had a BAC of .08 or higher or that you had lost the normal use of your mental and/or physical faculties because of the introduction of alcohol. If your BAC is under .08, then the State would only be able to prosecute you by alleging that you had lost your mental and/or physical faculties as you would not be "per se" intoxicated. As for the questions involving your insurance and your requirements to report accidents and convictions, you would have to refer to the language in your insurance policy. If you do not abide by your responsibilities in your policy, it may be grounds for the insurance company to deny your claim.
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