Texas DWI/DUI Law

Facing a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charge is no laughing matter in Texas. Whether you’re applying for a job or paying your car insurance, this criminal offense is a permanent stain on your record that can cost you for many years to come.

A Superior Knowledge of the Law

As a member of the National College for DUI Defense (NCDD), Christopher W. Simpkins has the knowledge and insight needed to effectively develop and present a compelling and cutting-edge defense in DWI/DUI trial litigation.

Know Every Angle

The majority of arrests for DWI/DUI begin with an allegation of a minor traffic violation, such as speeding, failure to signal a lane change, driving with an expired registration or inspection sticker, or failure to maintain a single lane.

During a stop, if the officer smells alcohol on your breath or person, notices alcohol containers in your vehicle, or you admit to drinking, expect to be asked to exit your vehicle and prove that you are not intoxicated by performing the pseudo-scientific Standardized Field Sobriety Tests (SFST’s).

Field sobriety “tests” are highly subjective and susceptible to bias if the police officer has a preconceived opinion of whether or not you are impaired.

Pseudo Science

There are three SFSTs.

  1. Horizontal Gaze Nystagmus – While directing your gaze from side to side, an officer will look for involuntary jerking or bouncing of the eyeball caused by alcohol induced hindrance of the brain to control eye muscles.
  2. Walk and Turn – While walking and turning in a straight line, this test requires you to divide your attention between the mental task of listening to and following an officer’s instructions.
  3. One-Leg Stand – While balancing on one foot for thirty seconds, this test also requires you to divide your attention between the mental task of listening to and following an officer’s instructions.

You Have a Right to Refuse

To gather further incriminating evidence, officers often conduct non-standardized exercises, such as reciting the alphabet or counting forward or backward between two particular numbers. You have the right to refuse to participate in these exercises.

The Arrest

If a police officer decides there exists probable cause to believe you were operating (which is defined more broadly than driving) a motor vehicle in a public place while intoxicated, you will be arrested.

You should be advised both orally and in writing as to the penalties under Texas law should you refuse to provide a specimen of your breath and/or blood for chemical analysis, or provide a specimen indicating a prohibited concentration (0.08). You still have the right to refuse. Should they wish draw your blood without your consent, they are required to obtain a search warrant to do so.

“No Refusal” is a tactic in which authorities claim they will take a specimen of your blood if you refuse the breath test. You still have a right to refuse!

General Rule of Thumb

No Consent + No warrant = No Blood

Your license will be suspended AUTOMATICALLY if you do not request an Administrative License Revocation hearing within 15 days from the date of your arrest. Read more about the Administrative License Revocation (ALR) process.

Your Problems Become Mine

Your best changes at having charges dropped or your case dismissed is to call a defense attorney. If you or someone you care about has been arrested for DWI/DUI, call the Law Office of Christopher W. Simpkins at (210) 273-4874 for a free initial consultation to discuss how we can help keep your arrest from becoming a conviction.

Helpful DWI/DUI links