BRIAN FOLEY LAW PLLC
Criminal Defense Attorney - DWI Attorney
Conroe, The Woodlands, Huntsville, College Station
DWI First - No Test
If you have been arrested for a DWI first offense and have refused breath and blood testing there are a number of issues to consider. The faster you can get a Conroe DWI lawyer on your side the better your chances of beating a DWI in Montgomery County or Harris County become.
What is a DWI First with No Test or Refusal?
One thing your attorney has to deal with in a case where you have refused testing is the argument from the prosecutor that a refusal is evidence of a guilty mind or conscience. Rebutting this argument begins in jury selection which is formally referred to as Voir Dire. The jury should be educated on the rights of a client to remain silent and the right that everyone has to decisions about their own body. There are many reasons why someone may refuse a breath or blood test. For example they may be afraid of needles and may be justifiably skeptical of the accuracy of breath testing instruments or the conditions under which the testing was going to be conducted. Most breath testing instruments are kept inside a jail facility and not in a laboratory. If a warrant was obtained and a blood sample was taken then you can still attack and win your case.
Until recently you could not legally be offered a deferred adjudication probation that ends in a dismissal of the charge and eligibility for a non-disclosure. Prosecutors have been offering other programs like pre-trial diversion for many years which allow someone to comply with certain conditions and pay a fine in order to earn a dismissal after satisfying the conditions. Depending on the county and jurisdiction in which you are charged pretrial diversion may not be available to someone who has refused a breath or blood sample. Having an experienced lawyer who understands and cares about the direction of your life and career is essential to successfully navigating the aftermath of an arrest for DWI. Finally you can put the lawyers for the State to the test and force them to prove the charges to a jury "beyond a reasonable doubt." The standard of "beyond a reasonable doubt" is the highest burden of proof under the laws of the State of Texas and a conviction requires unanimous vote of all 6 jurors in a misdemeanor trial.
How do you beat a DWI with No Test or Refusal?
One thing your attorney has to deal with in a case where you have refused testing is the argument from the prosecutor that a refusal is evidence of a guilty mind or conscience. Rebutting this argument begins in jury selection which is formally referred to as Voir Dire. The jury should be educated on the rights of a client to remain silent and the right that everyone has to decisions about their own body. There are many reasons why someone may refuse a breath or blood test. For example they may be afraid of needles and may be justifiably skeptical of the accuracy of breath testing instruments or the conditions under which the testing was going to be conducted. Most breath testing instruments are kept inside a jail facility and not in a laboratory. If a warrant was obtained and a blood sample was taken then you can still attack and win your case.
Until recently you could not legally be offered a deferred adjudication probation that ends in a dismissal of the charge and eligibility for a non-disclosure. Prosecutors have been offering other programs like pre-trial diversion for many years which allow someone to comply with certain conditions and pay a fine in order to earn a dismissal after satisfying the conditions. Depending on the county and jurisdiction in which you are charged pretrial diversion may not be available to someone who has refused a breath or blood sample. Having an experienced lawyer who understands and cares about the direction of your life and career is essential to successfully navigating the aftermath of an arrest for DWI. Finally you can put the lawyers for the State to the test and force them to prove the charges to a jury "beyond a reasonable doubt." The standard of "beyond a reasonable doubt" is the highest burden of proof under the laws of the State of Texas and a conviction requires unanimous vote of all 6 jurors in a misdemeanor trial.
What is the punishment for a DWI First with No Test or Refusal
A DWI with an alcohol concentration of between 0.08 and 0.14999 is a Class B Misdemeanor with a maximum punishment of 180 days in jail and a $2,000 fine.
If the blood result is 0.15 or greater then the offense becomes a Class A misdemeanor with a maximum punishment of 365 days in jail and a $4,000 fine.
There is also a penalty called a State Traffic fine of $3,000 for first time DWI offenders.