A driving while intoxicated charge (DWI) is a serious criminal offense that can lead to a driver’s license suspension, major fines and incarceration. Before a DWI charge is given, police, typically, have to have reasonable cause to pull someone over under the suspicion that they are under the influence of drugs or alcohol. People who want to avoid DWI charges should refrain from drinking while driving.
However, the penalties of a DWI charge aren’t enough for some people who believe it’s fine to drive while intoxicated. This is often because they are left with many unanswered questions. The law can be confusing, so here are several common questions answered:
What is a BAC?
BAC is short for “blood alcohol content,” or, in other words, the amount of alcohol that’s in someone’s bloodstream. It’s considered illegal to drive with a BAC of 0.08% or above. Police may use a breathalyzer test to evaluate a person’s BAC.
Do you have to take a Breathalyzer test?
Texas laws state that drivers under the suspicion of being intoxicated while driving have to adhere to a breath test. Otherwise, they may face serious charges for not compiling with the law. However, the police may ask drivers to take a field sobriety test, but they aren’t enforceable.
Does coffee and cold water make you sober?
While coffee and cold water may make someone feel like they’re sober, it’s likely only a temporary feeling of alertness. Coffee and cold water don’t remove alcohol from the blood system, thus drivers with a BAC of 0.08% or above will fail a breath test.
Do you have to answer any of the police’s questions?
The short answer is no. You do have the right to remain silent, which means not providing any incriminating evidence to law enforcement.
Should you seek legal help?
When dealing with the law, it’s often best to know your legal rights. You may find that your rights were violated during a traffic stop. You may even be able to reduce criminal charges with an experienced legal eye by your side.