Nobody Said Defending Your Rights Would Be Easy
Over at Houston Criminal Defense Lawyer, Mark Bennet explains why you should never agree to take an alcohol breath test in Texas:
In Texas, the administrative license suspension for refusing to blow is 180 days. We frequently beat the ALR suspension. If we don’t, an occupational license is available.
The administrative license suspension for blowing and failing is 90 days. But a failed breathalyzer gives the government a lot more leverage at trial. And in Texas a first DWI is a criminal offense that’ll significantly restrict your liberty, give you a lifelong criminal record, and cost you a whole lot of money (H/T Austin DWI defense lawyer Ken Gibson).
So if you knew you were going to blow higher than .08, you might rationally decide that the improved chance of beating the DWI was worth the possible extra 90 days of driving on an occupational license.
This extends an earlier post, in which he explains the breath tester in use here in Texas, the Intoxilyzer 5000, has a 25% margin of error.
And here, he explains why the whole DWI thing is ridiculous anyway: DWI is a victimless crime. Sure, it makes you more likely to cause injury, but in fact, most of the time it doesn’t.
Tags: driving under the influence, driving while intoxicated, DUI, DWI, Intoxilyzer 5000, Mark Bennet, victimless crime