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Guest042413 · 12-15-2011, 12:10 PM

If you have never been in trouble but was arrested for dwi and forced to give blood test are you screwed or no?

BigBuzz · 12-15-2011, 01:43 PM

You MUST hire an attorney in houston who has been dealing with the new laws about warrants for blood testing.

Guest042413 · 12-15-2011, 08:18 PM

but can it be dropped from a misdemenor class b to c with it being the first offense ever and you were intoxicated over the legal limit... Do you know any good lawyers represent brazoria county?

boardman · 12-16-2011, 07:31 AM

Try that guy, Gary Trichter, 713-524-1010. He advertises on the radio extensively about knowing your rights and being forced to do roadside gymnastics and blood tests. Good luck.

Powerdrive · 12-16-2011, 12:14 PM

Olivia, I'm fighting a DWI in Brazoria county right now myself. They are very harsh, and it does not matter if it is your first or not. You need to employ a very good lawyer. It will be expensive, but worth every penny if you get out of it. Google Christian Samuleson. He is very good at DWI's, but plan to spend about 10K. Brazoria county does not mess around, so fight it.

Powerdrive · 12-16-2011, 12:18 PM

Also, just an FYI. If you do not protest the ALR board within 15 days of your DWI arrest, your license will automatically be suspended after 40 days. So, lawyer up fast unless you want it to just get suspended. Blood test and breathalizers are not accurate all the time, and an experienced DWI lawyer knows the procedures that supposed to be taken when taking blood and processing it.

ShysterJon · 12-16-2011, 01:47 PM

I agree that Olivia needs to hire an experienced DWI lawyer who practices in Brazoria County.

The outcome of a specific case depends on the unique facts of that case, among other things. But I will will say, as a general matter, if a suspect has a blood-alcohol content of 0.08 or greater, as determined by a properly-administered blood test, the likelihood of the DA agreeing to dismiss the DWI charge and allow the defendant to plead to a Class C misdemeanor (such as public intoxication) is very slim. To prove DWI in Texas, the State must show either impairment or a BAC of 0.08 or more. With the blood evidence, the State has rebuttable proof of guilt. There's little incentive for the DA to let the defendant plead down because he/she knows he will probably win at trial.

Powerdrive · 12-16-2011, 02:14 PM

As always ShysterJon, your input is invaluable.

lover_361 · 12-18-2011, 09:56 PM

There is no such things as a Class C DWI. A first DWI is a class B, 2nd DWI class A, 3rd or more, Felony.

First DWI with a BAC of 0.16 or more is a automatic Class A.

DWI with a child passenger automatic felony.

All felonies are automatic blood test.

Any Class B or A you can refuse, but if they get a blood warrant, a blood draw will be mandatory.

The blood samples are sent to DPS for analysis.

Just cause you schedule a ALR hearing does not mean your license will not be suspended. You have to win the hearing.

Good luck.

Powerdrive · 12-19-2011, 07:43 AM

You are correct Lover_361... my ALR hearing is tomorrow. I'm a bit nervous as to what the outcome is going to be. Atleast if it goes badly I can still get an occupational license.

guest031812 · 12-19-2011, 06:14 PM

Don't drink and drive

mirandalee · 12-19-2011, 06:45 PM

I have two DWI'S if its your first you dont have to blow, but second one if you refuse to blow its worst for you but each county is different. I did 4 months in jail for the second one and I did not even cause an accident nor hit someone. Each judge is different also. Im in school for criminal justice now I am learning soo much but yess dont drink and drive.

ShysterJon · 12-20-2011, 09:20 AM

Quote:

Originally Posted by mirandalee

I have two DWI'S if its your first you dont have to blow....

There is no such law in Texas. In this state, if a LE officer requests a blood or breath sample and the driver refuses, the driver's license to drive is suspended for 180 days. If the driver gives breath or blood and the sample shows a blood-alcohol level of 0.08 or more, the driver's license is suspended for 90 days. Ever more frequently, LE agencies in Texas are getting warrants to obtain compelled blood samples -- that is, if the driver refuses to give breath or blood, the officer obtains a warrant and a trained professional takes a blood sample from the driver. All of this applies to a DWI first-offense case.

SARR · 12-20-2011, 12:38 PM

In San Antonio the DA has a No Refusal policy. No matter whether it is your first or 100th DWI, if you refuse the FST and breathalyzer, a warrant is obtained for your blood and it will be gotten with or without your cooperation.

Guest042413 · 12-20-2011, 04:40 PM

I have hired me a lawyer and the only reason I was pulled over because this cop that doesnt like me spotted me leaving store and pulled me over.. Unfortuantly I had been drinking but I am just praying for the best he said he will try to drop it down to reckless driving or deadly conduct which both are a class b misdemeanor.. He said it is unlikely to get a PI but I already have 1 of those so it wouldnt make a difference.. Thanks to all who gave advice I appreciate It....