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What Do You Do If Pulled Over?
(You Do Have A Right To Remain Silent!)
You are being video taped and audio recorded, don’t say or do anything that you do not want a judge, a jury, your family or yourself to see at a later date. Be polite, if the officer gets agitated and aggravated, it will show on the tape. Be considerate but tell the officer you will not agree to take any tests “without my lawyer, Jamie Balagia, advising me to do so”. The officer knows he is being recorded and taped so he will probably behave himself. If he tells you to move off camera (out of view of the recording device) ask the officer if you can stay in the camera’s field of vision. Tell the officer you do not want to answer any questions without first speaking to “Jamie Balagia”.
If you are being arrested, relax as much as you can, you are going to jail – nothing you do can change that! The officer is not going to let you go; no matter what you say, do, or blow into. You cannot take the breath test unless you are already under arrest and they do not un-arrest you even if you blow under a .08 on the Intoxilyzer 5000. If you blow under a .08 they will claim that any alcohol reading will confirm that you are under the influence and that your physical and mental reaction prove that you are “impaired”. Again, you will not be un-arrested! There is no reason for you to give the police “Junk Science” evidence that they will use against you in trial. The fear you are feeling comes from the lack of knowledge about DWI and what is going to happen to you. Inform yourself of your legal rights (as you are doing now) and stand on your constitutional rights to remain silent and not give evidence against yourself.
PENALTIES FOR DWI IN TEXAS - Generally speaking, the penalties for DWI are as follows:
- First Offense (Class B Misdemeanor): A first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days.
- Second Offense (Class A Misdemeanor): A conviction includes a fine not to exceed $4,000.00 and /or the possibility of serving jail time from 3 days to 365 days of imprisonment and a driver’s license suspension of 180 days to 2 years.
- Third Offense (3rd Degree Felony): A conviction includes a fine not to exceed $10,000.00 and/or 2-10 years of imprisonment, and a driver’s license suspension of 180 days to 2 years.
- DWI with an open alcohol container (first offense) (Class B Misdemeanor); In addition to the penalty referenced above, you face a minimum of 6 days in jail and a fine not to exceed $2,000.00.
- DWI with an accident where serious bodily injury occurred as a proximate cause of the intoxication (Intoxication Assault): (3rd Degree Felony). Upon conviction, you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined not to exceed $10,000.
- DWI where a death has occurred as a proximate cause of the intoxication (Intoxication Manslaughter): (2nd Degree Felony). Upon conviction, a fine not to exceed $10,000.00 and/or imprisonment from 2 to 20 years.
In the above cases, you may be eligible for probation, but eligibility does not guarantee that you will receive a probated jail sentence or fine. If you are convicted of Intoxication Assault and receive probation, a minimum of 30 days in jail must be served as a condition of probation. If you receive probation for Intoxication Manslaughter, you must serve a minimum of 120 days in jail. However, if you are convicted of Intoxication Assault or Intoxication Manslaughter and the court or jury finds that your automobile was a “deadly weapon” you may be ineligible to receive probation at all.
If you are looking for an exceptionally trained and educated, DWI / DUI attorney to aggressively represent you on your DWI case or any criminal matter, call 512.278.0935 (Austin) or 210-DWI-DUDE (210.394.3833) (San Antonio) or contact me by e-mail at jamie@dwidude.com
If I am in trial, my personal assistant Ashley Nichols can assist you.
Click here for an immediate response: ashley@dwidude.com
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