Misconceptions in an Austin DUI

DWI only applies to cars.

Actually, drunk driving laws apply to any motorized vehicle such as a boat or a motor-operated recreational vehicle such as an ATV. The official term for Boating DWI is Boating While Intoxicated (BWI).

As long as my BAC is below .08%, I’m golden.

While the legal limit for alcohol is .08%, you can still be arrested for “impaired” driving. The BAC number is only one of the aspects of a DWI prosecution. A person can be convicted of DWI with a BAC of .01% if their case involves failure of sobriety tests, erratic driving, and clear signs of impairment.

I don’t need a lawyer.

While you are legally permitted to represent yourself in both your court and DMV cases, it is inadvisable to do so. A lawyer will have experience as well as the legal mind to deal with the specifics of your case and the particular processes in each distinct hearing.

The DMV can’t revoke my license if I’m not convicted.

Not true. The DMV is its own entity and can decide that a driver is a hazard on the road and suspend their license. Your criminal case is separate from any administrative action taken by the DMV. Legally, you have 10 calendar days to request a hearing with the DMV to maintain your license. Failure to request this hearing will result in a mandatory license suspension.

Prescription or over-the-counter medicines don’t count as “drugs.”

Actually, they do. While it is legal to consume over-the-counter medicines and prescription drugs, it is not legal to drive under the influence of drugs. The legality of your drugs is irrelevant to them impairing your driving ability.

Refusing to take a chemical sobriety test will help me.

Although it is your right to refuse to submit to chemical sobriety tests, a “refusal” is a crime in the state of California as well as in many other states. A refusal will require 48 hours in jail and will be used by the prosecution as admittance of guilt. It is also an “enhanceable offense” that will be used to increase your punishment if a conviction is reached.