Blood drawn and my BAC was .15. Now im worried. Also how long is a license suspended for a blood test on your first and only DUI?I refused the breathalyzer but I agreed to the blood test. I figured it would give me more time for the alcohol level to drop. I'm 24 years old. My court date is this Monday. Should I hire an attorney or should I go and ask for an extension to give me more time to research other possible alternatives. So many questions should I wear a suite black grey blue? How do I go about reinstating my liscence? My biggest fear is going to jail loosing my job and not being able to provide for my wife and son. I know if your double the legal limit your fines double. I just need reassurance that theirs no way with a bac of .15 that I should worry my self grey over that.
The legal limit in Texas is .08 for a DWI so twice the legal limit is .16. A standard DWI is a Class B Misdemeanor. However, if your BAC comes back to .15 or greater you could be charged with an enhanced DWI Class A Misdemeanor. As a side note, DUI only applies to persons under 21 who have any detectable amount of alcohol in their system. If you refused to provide a sample your licensed could be suspended 6 months in your first offense. It will be suspended longer if you are under the age of 21. If you provided a sample willingly then your license is suspended for three months. Can fight the suspension with an attorney in an ALR hearing. That hearing is on a fast track however so you will need to contact and hire an attorney who regularly handles DWIs to represent you in this matter.
Anna Summersett, Varghese, Summersett & Smith, PLLC. This answer is provided for educational purposes only. The information provided is not, nor is it intended to be, legal advice. Contacting Varghese, Summersett & Smith, PLLC, through this website or by email does not establish an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.
The limit is .08 so twice the limit is .16. You're close but not quite there. On a DWI first the only suspension is administrative. If you agreed to the test it is three months. If you refused the test and your blood was obtained by a search warrant the suspension is six months.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
There are two separate time the DPS can suspend your DL when you are arrested for DWI. The first time is when you are arrested. The second time is when you plead guilty to or you are convicted of the DWI. The first time can be covered by an Occupational Driver License. The second will not occur if you receive probation and complete a Driver Safety Education class within a specified number of days of being placed on probation. You need to hire an experienced DWI attorney to help you with the ODL and DWI. Good luck!
Both previous answers are spot on. Suspension is 90 days if you gave a blood/breath sample or 180 days if you refused. A hearing for your DL can be requested (ALR hearing), but must be requested within 15 days or it is waived.
Over .15 BAC you can be charged with an enhanced DWI (Class A Misdemeanor instead of class B).
There are some great DWI attorneys in Dallas/Denton area. Find someone you are comfortable with, it can make a big difference in the outcome of your case.
All the attorney's gave excellent answers. I just want to add one thing. If one consents and gives a blood or breath sample .15 or over, the charge shows only that it was =>.15. Some clients think that their BAC is .15 based on this information. It actually could be anywhere from .15 on up. Good luck. Find a criminal defense attorney who has experience in Denton county. That county is quite different from Dallas.
My response is to a question or questions that were set out in probably several sentences. Criminal law is complex and applying it to fact situations is also complex. My response is a general application of the knowledge I have to, at best, a skechy set of facts. You may, inadvertently, be omitting a very important fact or issue that affects a proper legal analysis. Ultimately, my advice is to contact a lawyer in person and talk to her or him about your issues.
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