DUI

If you are being charged with a DUI, some of the prosecution’s evidence may include field sobriety test results from when you were originally pulled over by law enforcement on suspicion of DUI. Testimony as to how you responded to the field sobriety tests can be compelling and help the prosecutor secure a DUI conviction against you. There are, however, several ways to effectively challenge field sobriety test results and, thus, undermine their credibility and the weight they are given in the courtroom.
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Have you been charged with driving while intoxicated in Texas? A DWI charge is a serious matter. Conviction of DWI can mean large fines, a suspended driver’s license, and a criminal record that can jeopardize job and housing prospects. In fact, for a first offense alone, fines can reach up to $2,000.
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The terms DUI and DWI often get mixed up, intertwined, and used interchangeably. They do, however, represent different offenses in the State of Texas. Furthermore, there are other offenses related to a DUI or DWI charge that a person may face as well. Here, we will discuss some of the different

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If you are pulled over in Texas on suspicion of DUI/DWI, then you may be asked to submit to a Breathalyzer test. Law enforcement officials administer such a test to driver’s whom they believe to be operating a vehicle under the influence of alcohol. Some people may refuse to take a Breathalyzer test to avoid having evidence of their intoxication that could later be used against them.

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How can smoking lead to inaccurate readings on a breathalyzer?

Worldwide, about one billion people are smokers, representing about 20 percent of the world’s population. For many occasional smokers, drinking and smoking go hand in hand. Breathalyzer tests have come under criticism in recent years from their potential inaccuracies. As more studies come out demonstrating that no two individuals metabolize alcohol the same, it is becoming apparent that the days of accepting breathalyzer test results as clear cut evidence of intoxication are over. Smoking has been found to be just one of many factors that could lead to inaccurate breathalyzer results.
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Under what circumstances can a blood test be ordered on a DUI suspect in Texas?

Recently, the United States Supreme Court ruled that police officers can lawfully order blood tests on unconscious DUI suspects. The ruling came as a surprise as it goes in the face of a previous court ruling that declared blood tests on unconscious suspects can only be ordered with a warrant or exigent circumstances. This important case titled Mitchell v. Wisconsin will have an effect on law enforcement departments across the nation as well as DUI defendants in Texas and elsewhere.

Mitchell v.

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What medical conditions might impact the walk-and-turn test?

The state of Texas has taken a harsh stance on drunk driving, with officers across the nation focused on finding and punishing those who drink and drive.  Per Texas law, anyone driving with a blood alcohol level of .08 or higher could face DUI charges.  Further, anyone who is found to be under the influence of drugs while driving can be convicted of a DUI.  Police officers in Texas and across the nation often use a series of field sobriety tests to gather evidence of your intoxication.
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