There are serious legal consequences to be being arrested for driving while intoxicated (DWI) or driving under the influence (DUI). A conviction for such an offense is life-changing. You will face severe fines, suspension of your driver’s license and a substantial increase in your insurance premiums. You may also spend time in jail. No matter how hopeless it seems, there are defenses available.
Here are a few answers to frequently asked questions.
Q. I refused to take a breath test or failed the test. Will my license be automatically suspended?
A. According to Texas law, if you request a hearing within 15 days of the date of your arrest, your license cannot be suspended without a court order. The fact that you refused to take the test or failed the test will be used against you by the prosecution, but you will be able to present to the court your reasons for refusing to take the test or reasons why you failed.
Q. What are some factors that can cause a person to have a false positive breath test?
A. Many health problems contribute to false positive breath tests, such as gastric reflux, high protein-low carbohydrate diets and hypoglycemia, which is common in diabetics, are just a few medical conditions that can cause a false positive breath test.
Q. Are there any other reasons for a false positive breath test?
A. Yes. If a breathalyzer was used to administer the tests, there are procedures that must be followed in order for the test to be accurate.
• The breathalyzer must be properly calibrated.
• The administrator of the test must be properly certified.
• The test itself must be properly administered using established guidelines.
The Villasana Law Firm has years of experience in successfully defending drivers accused in Harris County of drunk driving offenses. We pride ourselves on giving you the personal attention you deserve. We provide you a vigorous defense. We do everything possible to avoid a conviction and to mitigate any consequences.
Located in Houston, Texas, we know what the prosecution has planned and are skilled in negotiating positive outcomes. We are always prepared to take a case to trial if necessary.