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We all know the dangers associated with drinking and driving. Alcohol related deaths on our streets and highways continue to happen, despite public information campaigns and increasing criminal penalties as the Texas Legislature seeks to address the problem.
A police officer can stop a motorist for a traffic offense which then might lead to the driver being charged with DWI. If the officer smells the odor of alcohol on the driver or observes other signs of possible intoxication, the officer can request the driver to submit to a series of Standardized Field Sobriety Tests.
If the officer believes the driver’s performance on those sobriety tests indicates intoxication, he can request the driver to submit to a breath test to determine the level of alcohol in the driver’s blood.
The driver’s consent or refusal to submit to the breath test can have serious consequences. Refusal to take the breath test can result in a temporary suspension of the driver’s privilege to drive. If the driver does take the breath test and the result shows a blood alcohol lever greater than .08, that can be used in court as evidence of intoxication and the driver can face suspension of his license to drive.
DWI is a serious offense. At Ratliff and Edwards, we work hard to protect the legal rights of those charged with that offense.
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