FAQs About DUIs and DWI Cases In Texas

In DWI Cases, Do You See High Blood Alcohol Levels Or Closer To The Legal Limit?

The majority of the cases being prosecuted, defended by others are always right around the legal limit, which is 0.08% in Texas. However, to get something that’s 0.15, which would be a great higher, that would be a class A misdemeanor. Those cases are rare. Anything above that is rare.

The majority of cases in Texas are in the 0.08 to the 0.12 range.

Is There A Particular Age Group Seen In DUI Offenders, In Terms Of Age, Sex, Or Demographics?

No, there is not. Offenders come from all shapes and sizes, age groups, socioeconomic groups, and social class groups. It’s just that the typical drinker is not what we would imagine. It’s really somebody that is involved in a social drinking setting and they made a mistake. They misjudged the amount of alcohol in their system.

These are fathers and mothers, sons and daughters, brothers and sisters, employees, people that work in our community, just every possible sort of person.

Top Misconceptions Or Misunderstandings People Have About Being Arrested For A DUI

They are always in two groups. One believes that it’s extremely simple and the other believes it’s extremely difficult. The people that believe it’s extremely simple, they say, “DWI, it happens all the time. I didn’t cooperate.  I didn’t take a breath test. It’s not a big deal, and there just shouldn’t be any evidence against me or I’m well-known in the community. I’m a doctor, I’m a lawyer, I’m a professor.”

These people believe it’s just going to be easy.

Then there is the other side that say, “Why should I hire a lawyer? There is nothing you can do for me. The state always wins. There is no way to beat this. There is nothing that can be done for me at all. I took the breath test, I failed it.”

They’re in two groups. The one that is really the hardest to work with is the group that believes it’s simple; that they didn’t provide any evidence, the system will work for them in a way it didn’t work for others.

What Role Do Miranda Rights Have In A DUI Case? What Happens When People Say, “Oh, my Miranda Rights weren’t read to me, so this is going to be tossed out, no problem.”

Generally, that is heard very often. It’s like the old Adam-12 show; you have the right to remain silent, but if you really think about what they’re saying, Miranda is exactly that you have the right to remain silent.

Anything you say can and will be held against you. If you’re not giving them a statement or talking to them, then there is nothing to worry about. In a DWI, at the scene, they’re never going to Mirandize you. It really has no role to play into the first half of the DWI.

On the second half when they have you at the police station, the sheriff’s department is going to ask you some questions, and they’ll Mirandize you at the end. But if they just forget to Mirandize you or they just don’t do it, it’s just a small portion and in the big scheme of things, it really doesn’t make a difference.

What Is Someone’s Reaction When They Are Being Arrested And Prosecuted For DUI?

Generally, those things come in two halves. When you’re watching the field sobriety tests or watching the arrest made at the scene of the offense because of a video recording, most of them are in shock and then disbelief.

Some of them are quite angry that they are actually going to be arrested. That’s because they believe that they excelled on the field sobriety tests. They believe that once they gave an excuse or an explanation about what happened, the officer is going to let him go.

The other part is the prosecution. They start to think over the next few days, once they’ve had to stay in jail awhile, once they’ve had to meet a magistrate who is generally a JP (Justice of the Peace), and they had to pay a bondsman. They had to call a family friend or a family member to come get them and then it just becomes more of just shock and embarrassment that they’re actually going to be prosecuted.

For more Questions Regarding DWIs and DUIs in Texas, call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.

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