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Conviction
of DUI
 A
person may be convicted of "driving while intoxicated"
with a blood alcohol concentration of 0.10% in all states,
and in Texas 0.08%.
Fines, imprisonment
and loss of driving license are all penalties of a DUI.
- 1st offense
is a Class B misdemeanor.
- 2nd offense
is a Class 1 felony.
If
you are involved in a collision and convicted of Intoxication
manslaughter, it is a Class 2 felony.
b
 Financial
Consequences
The financial consequesnce
of being convicted are numerous. Here are a few:
- Cost of bail
- Cost of towing and impounding
your vehicle
- Cost of defense attorney
- Fine and penalties
- Possible loss of job and wages
- Expensive insurance premiums
- Civil damage awards in case
of crash or injury
c
Financial
Consequences (Continued)
Upon arrest, you'll need money to post bail. Otherwise,
you stay in jail pending trial. You will also pay for having
your car towed plus daily impoundment fees. When your case
goes to trial, you'll have to hire an attorney to defend
you in court.
If convicted, there
will be fines up to $2000. If sent to jail, you will be
out your wages, maybe even out of a job. Your insurance
premiums will rise and could possibly double. If you kill
or injure someone, you face expensive attorney fees, court
costs and civil damages that could even bankrupt you.
d
 Proof
of DUI
Under the implied
consent law, you face automatic suspension of your driver's
license for refusing to submit to the breathalyzer test.
The law states that
when you drive a motor vehicle you have given your consent
to be tested for chemical substances by means of any of
the following:
BREATH TEST
· BLOOD TEST · URINE TEST
e
Proof of
DUI (Continued)
 The
testing must be a result of a lawful arrest by a police
officer. And there must to be reasonable cause to believe
that the driver was under the influence of a chemical substance.
The driver has a
choice of a breath test, a blood test or a urine test. If
a person is incapable of completing one test, they have
the choice of taking any of the other tests.
The purpose of the
test is to verify the blood alcohol level of the driver,
and could prove the driver is NOT GUILTY of the.08 level.
f
Refusal to
Submit
If the driver refuses
to take the test, or is unable to complete it, that information
can be used against him in court. The drivers’ license
will be automatically suspended, simply for refusing the
test.
The driver does NOT
have the right to have an attorney present to take the test,
or to help him decide which test to take.
Many police units
use videotape to help build very strong cases against suspected
drunk drivers. Without test results, it will be your word
against the arresting officers word.
g
Open Container
Law
It is illegal in
Texas to possess an open container in the passenger area
of a motor vehicle containing ANY amount of alcoholic beverage.
This does not apply to taxis, buses, limousines, or the
living quarters of a motor home.
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