U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > U.S. Forums > Texas
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 02-28-2013, 02:25 AM
 
Location: San Antonio, Texas
4,280 posts, read 7,075,211 times
Reputation: 3920

Advertisements

I know that you are allowed to refuse a field sobriety test when you're pulled over for suspicion of DUI/DWI, but what happens after you refuse?

Anyone have experience with this?
Rate this post positively Reply With Quote Quick reply to this message

 
Old 02-28-2013, 03:03 AM
 
Location: Dallas, TX
1,530 posts, read 2,751,929 times
Reputation: 908
I've read this on a lawyer's website so I'm pretty sure this is true though I'm going by memory. I can't remember the lawyer's name so I can't look it up and provide a link. He's a pretty popular lawyer here in Dallas though so someone may know. His site has a detailed write-up on exactly what to do if you get stopped for DWI.

He says that the only tests you have any obligation to take is breath or blood tests so you should never take any other tests whether you've been drinking or not. If you have been drinking and probably can't pass the breathalyzer, he advises to refuse it. You will lose your license for six months or something like that but it's still better than a DWI. However, there are some jurisdictions like Houston where they can forcibly take your blood if you refuse, so you're pretty much screwed there.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 03:35 AM
 
Location: Dallas, TX
1,530 posts, read 2,751,929 times
Reputation: 908
Here it is. Browse around on there a bit. You can easily find similar sites.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 06:13 AM
 
Location: Oil Capital of America
587 posts, read 856,777 times
Reputation: 822
I am not a lawyer. And all that but, you can refuse a field sobriety test and you should always. The test is highly subjective will only work against you. If you are not intoxicated then you should demand a better test to prove that you are not. If you are intoxicated you should refuse all test so the prosecution won't have evidence against you.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 06:30 AM
rwr
 
Location: Camp Wood, Texas
268 posts, read 552,445 times
Reputation: 624
Quote:
Originally Posted by Soviet View Post
I know that you are allowed to refuse a field sobriety test when you're pulled over for suspicion of DUI/DWI, but what happens after you refuse?

Anyone have experience with this?
Am pretty sure that if you refuse you are going to jail. No such thing as a ticket for "suspicion of drunk driving".
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 08:42 AM
 
8,276 posts, read 6,751,458 times
Reputation: 12079
Quote:
Originally Posted by kenshi View Post
I've read this on a lawyer's website so I'm pretty sure this is true though I'm going by memory. I can't remember the lawyer's name so I can't look it up and provide a link. He's a pretty popular lawyer here in Dallas though so someone may know. His site has a detailed write-up on exactly what to do if you get stopped for DWI.

He says that the only tests you have any obligation to take is breath or blood tests so you should never take any other tests whether you've been drinking or not. If you have been drinking and probably can't pass the breathalyzer, he advises to refuse it. You will lose your license for six months or something like that but it's still better than a DWI. However, there are some jurisdictions like Houston where they can forcibly take your blood if you refuse, so you're pretty much screwed there.
Good post and summary of my understanding of the law. Do the police in Texas need a warrant to draw blood or not?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 08:44 AM
 
Location: Toronto, Ontario, Canada.
2,761 posts, read 3,685,121 times
Reputation: 7797
Here in the Province of Ontario, refusing to blow is the same charge as " Impaired by drugs and or alcohol " so refusing to blow is just dumb. Our lower threshold is .50, and at that level, you get a 30 day suspension and a $500 dollar fine. At .80 its a six month suspension and a $1,000 dollar fine.

Refusing a sobriety test is your right...............BUT the testimony of the arresting officer is still going to be heard, in court, and if the patrol vehicle has a in car video system, with the officer wearing a micrphone, you are toast. Every word that you said is entered as evidence, on video tape.

Simple solution ? Don't drink ANY alcohol and then drive.

The real big cost, here in Canada, for being convicted of drunk driving...... is the cost of getting a new insurance coverage, when your DL is re-instated. The new cost will be about 4 to 5 THOUSAND dollars, for a year of coverage. The act of driving here, without full insurance coverage, is a MINIMUM of 5 thousand dollars upon conviction.

Yes we are serious about how we deal with drunk drivers in Canada, and the section of the Canadian Criminal Code that covers this is national, so it has effect in all parts of our country. We consider it to be a "felony " but we don't call it that. Its an indictable offence, and conviction results in a criminal record that does not go away.

Jim B

Toronto.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 08:49 AM
 
Location: Austin
7,205 posts, read 19,204,454 times
Reputation: 9817
There are specific weekends where it's announced as "No refusal weekend". For those weekends, you cannot refuse if the police ask you and you'll be taken in for the warrant to take your blood.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 09:17 AM
 
Location: North Texas
24,571 posts, read 35,509,374 times
Reputation: 28457
Quote:
Originally Posted by Midessan View Post
I am not a lawyer. And all that but, you can refuse a field sobriety test and you should always. The test is highly subjective will only work against you. If you are not intoxicated then you should demand a better test to prove that you are not. If you are intoxicated you should refuse all test so the prosecution won't have evidence against you.
This. A field sobriety test is highly subjective. I don't drink, so I'd never be busted for DWI...but I might fail a field sobriety test because I have terrible balance/hand-eye coordination. I'd politely refuse the test and say "Please breathalyze me instead."
Rate this post positively Reply With Quote Quick reply to this message
 
Old 02-28-2013, 10:14 AM
 
4,363 posts, read 4,678,905 times
Reputation: 4959
Quote:
I know that you are allowed to refuse a field sobriety test when you're pulled over for suspicion of DUI/DWI, but what happens after you refuse?
You are taken to jail. You are booked on DWI charges, and your license is suspended for 6 months.
They will give you another opportunity to take sobriety tests, or a breathalyzer at the police station. If you refuse, they have the option of getting a blood draw, which requires a warrant I think but all that means is they page the judge and he immediately authorizes it. Some precincts take that option, some don't.

Then you appear before a judge the next morning who sets your bail. Then you get a court date and you get a billion letters from lawyers who represent you for your subsequent court dates. Then you plead or go to trial 3 months to a year or two later.

If you lose your trial, you are given several fines, several classes, and probably some community service along with a multiyear probationary period.

If you win, then you need to pay your lawyer an extra fee to remove the arrest from your record.

If you are crazy guilty, then you should find a cheap lawyer ($500 or so) who can get you the most lenient plea deal. If you think you are not guilty and can win a trial, then expect to spend about $7-10k on a lawyer. If you lose a trial, expect your fines to be closer to the maximums than the minimums.

The fines for losing will be something in the neighborhood of $1000 for court costs, up to $2000 for penalty, though can be as little as $200, and 2 years or so probation where you will have to report once a month to a probation officer, and pay $50-$100 monthly in fees. You will also usually have to pay an additional $1000 a year for 3-5 years due to a law passed in 2007 or so. I don't remember what it was called.

You usually will not get any jail time if you lose, but sometimes can take jail in lieu of fines, and jail is usually done on a 2/1 or 3/1 basis, which means for every day you spend in jail, it counts for 3 days. So if they say your penalty is 9 days in jail, you will actually spend 3 days there.

Last edited by TheOverdog; 02-28-2013 at 10:32 AM..
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top