Are You Facing Out-of-State DWI Charges After a Football Game? | TX

 Posted on September 19, 2024 in DWI

Summer is winding down, and fall is just around the corner. The days are getting shorter, and there is a slight chill in the air in the early morning hours. For many people, this means football season is here! Die-hard football fans often follow their favorite college teams from one state to another.

Part of the football culture includes tailgating and having after-parties and get-togethers. These social gatherings often include alcohol. What if you celebrated a win with a couple of beers, and now you are facing out-of-state Texas DWI charges following a Texas Longhorn – Arkansas Razorbacks game? To protect your future, your first step should be to contact an experienced Plano, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C..

Forget Everything You Know About Your Home State’s DWI/DUI Laws

Regardless of what state you are from you may have a good idea of your home state’s DWI laws. Perhaps they are more lenient than the DWI laws in Texas, or they could be stricter. The one constant is that in every state except Utah, the BAC level that is considered impaired is 0.08 percent. Beyond this, the DWI penalties from state to state, including the length of suspension of your driver’s license, can be very different. If you receive a DWI in Texas, you will face Texas rules and laws.

Must You Take a Field Sobriety Test or a Breathalyzer Test?

You have the right to refuse field sobriety tests in the state of Texas – and you probably should do so. Police officers are trained to make a request to engage in field sobriety tests, which seems like a requirement, but you are not legally required to take the tests. Many officers are not properly trained to administer field sobriety tests, and research has shown that these tests are not particularly accurate for determining impairment.

Refusing a breathalyzer, on the other hand, has few benefits. Many years ago, the advice was always to refuse to blow under the theory that you would be providing adverse evidence against yourself. Today, there are so many ways a breathalyzer reading can be challenged that it is usually better to agree. If you refuse a breathalyzer test, your driver’s license will be suspended, regardless of how your criminal DWI case turns out.

What Are the Penalties for a First-Time DWI in Texas?

If this is your first DWI in any state, you will be charged with a Class B misdemeanor. If convicted, you could face fines up to $2,000 and could receive a sentence of up to 180 days in a Texas county jail. If your BAC is 0.15 or above, your charges could be escalated to a Class A misdemeanor with fines as large as $4,000 and the potential for a sentence of up to one year in county jail. You could be required to have an Ignition Interlock device installed on your vehicle for a specified period and could lose your driving privileges for 90 – 180 days. You could also face court-ordered rehab and possibly community service.     

What Are Some Defenses Your Texas DWI Attorney May Use on Your Behalf?

Your defense will depend on the circumstances surrounding your DWI arrest, but some of the most common defenses include:

• The police had no reasonable suspicion to pull you over.

• You were not afforded your Constitutional rights; you were denied an attorney, or you were not properly Mirandized.

• Your BAC results are flawed because you are taking medication, have an illness, are exposed to chemicals in your work, the officer was not trained or did not follow procedure, the device was not calibrated or properly maintained, or a host of additional reasons. 

Contact a Collin County, TX DWI Attorney

Choosing a McKinney, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C. affords you every advantage possible when facing Texas DWI charges. Both our attorneys are certified by the NHTSA in the administration of Standardized Field Sobriety Tests and have more than 25 years of combined experience and more than 500 trial victories in DWI cases. Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation and discuss your charges.