1st DWI in TX, wondering what to expect

[fulgore15]

What is the name of your state (only U.S. law)? TX

Here is the story. Back in August 08 I was drinking for most of the day at a concert, like an idiot I decided to drive home at night. Got pulled over, did the field sobriety tests (thought I did "ok") and got arrested, they never asked for a breathalyzer test. Did have an open container in car. I refused the BAC tests at the station too.

Now they could not take my DL because I had an out of state DL (Louisiana). I hired a lawyer an my initial plea trial is in a month. Besides this my record is clean and I am 27, I also do quite a bit of driving for my job (outside sales). I am just wondering what to expect. Thanks

And lord knows I learned my lesson, dont drink and drive!

[FlyingRon]

Expect not to be driving for six months when this catches up with you.
You still could be found guilty of DUI.
Why does everybody think they passed the FST's when drunk?

You need to get a lawyer in the Texas jurisdiction in which you were charged.

[JETX]

Originally Posted by fulgore15

I am just wondering what to expect.

This is going to be a VERY expensive lesson for you. You will have to defend yourself in Texas. Get a GOOD Texas DUI attorney.

Based on your post, it is very likely that you will get a DUI conviction in Texas. Due to the 'Drivers License Compact' (between states), that conviction will then be reported to your home state (Louisiana) where they will then apply their laws to your conviction. The Texas conviction will be treated just as if it happened in Louisiana.

From a website:
"If you are convicted in Texas, you may lose only your driving privileges in the state of Texas. HOWEVER, Texas will report your conviction to your home state, and your home state will, in all likelihood, suspend your license for whatever period someone in your state would get if he/she were convicted in your state for DWI/DUI.

The Drivers License Compact require member states to report tickets received by motorist to the state where they received a license to drive so as to receive points and get an insurance hike. Also when a state suspends the license of a driver who is from out-of-state, the state where the motorist received a license to drive will also suspend their license. Texas is a member of the Compact, and will report any infractions to your "home state".
There is lots of additional information on that site, at: [url=http://www.austin-texas-dwi.com/parts/outofstate.htm]Out of State Drivers arrested in Texas for DWI:[/url]

[fulgore15]

Originally Posted by FlyingRon

Expect not to be driving for six months when this catches up with you.
You still could be found guilty of DUI.
Why does everybody think they passed the FST's when drunk?

You need to get a lawyer in the Texas jurisdiction in which you were charged.

I already have a lawyer FYI and I do live in Texas now.

[JETX]

Originally Posted by fulgore15

I already have a lawyer FYI and I do live in Texas now.

Good on the attorney, bad that you live here now.

Texas is one of the states that have been strongly influenced by MADD. There is NO negotiating on a DWI/DUI in Texas. If you are charged with DWI/DUI in Texas:
Texas Criminal Status: Class B Misdemeanor
Jail: Minimum 72 hours, or 6 days if open container is present.
Texas DWI Fines/Costs: Fine not to exceed $2,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,000 per year for three years for a first DWI offense and $2,000 if the person’s BAC level was double or more the legal limit (.16). Texas License Suspension: Yes, 1 year. Attending DWI Education class may avoid this. Occupational license may be granted based on need.
Texas Conditional License: A conditional, or occupational license, may be issued based on "essential need" and usually only when the court orders an offender into alcohol assessment/rehabilitation. Offenders who have been granted occupational licenses within 10 years are ineligible. For definitions of “essential need”, see Transportation Code Section 521.241.
Texas DWI School: First time offenders must complete a 12 hour DWI Education Program within 180 days of when probation was granted or risk having their license revoked.
Texas Probation: Terms of probation decided by judge or jury.
Texas Community Service: 24 hours required, but no more than 100 hours.

[paguy88]

Why does everybody think they passed the FST's when drunk?

lack of judgement

if you where sober.. you would realize that playing simon says roadside with cars whizing by at 65 mph is dumb and you would refuse.

[BigMistakeFl]

I believe people think they have passed the FST's because they think they know what is being tested and how. They do not. Much of the testing is found in subtle hints for which cops have been trained to watch. Other than that, the tests probably serve as entertainment for the cops and passing motorists.

[FlyingRon]

Expect to also get dinged for not having a texas license. You only have 30 days to get one.

[JETX]

Originally Posted by BigMistakeFl

I believe people think they have passed the FST's because they think they know what is being tested and how. They do not. Much of the testing is found in subtle hints for which cops have been trained to watch.

Actually, there is a STANDARD for field sobriety testing and was created by the Los Angeles Police Department (LAPD) and has been accepted by the National Highway Traffic Safety Administration (NHTSA).

More can be found online at:
[url=http://www.dwi.com/dwi/field-sobriety-testing/]Field Sobriety Testing[/url]
and
[url=http://www.nhtsa.dot.gov/people/injury/alcohol/SFST/introduction.htm]U.S. Department of Transportation - NHTSA - Development of a Standardized Field Sobriety Test (SFST) Training Management System - Introduction - DOT HS 809 400 - November 2001[/url]

[BigMistakeFl]

Thanks for the link Jet; will read about it before I log off.

That information is good, and it's all out there. Unfortunately, drivers on the other side of the DUI process won't be reading this forum, so they won't get it until they find themselves..... well, er.... here.