Texas DWI Laws.

[Zero]

With all the drinkers over here, I was wondering if anyone had any experience or knowledge of the following questions:

1. Can you legally refuse a field sobriety test and breathalyzer?

2. If you are sleeping in your car in a bar parking lot, can you be busted for DWI? (you are sleeping in the car because you know you are drunk, you start the car for the heater because you are cold)

Just wondering.

[MX154]

With all the drinkers over here, I was wondering if anyone had any experience or knowledge of the following questions:

1. Can you legally refuse a field sobriety test and breathalyzer?

2. If you are sleeping in your car in a bar parking lot, can you be busted for DWI? (you are sleeping in the car because you know you are drunk, you start the car for the heater because you are cold)

Just wondering.


Ok, I'm still learning all the ins and outs of this (I'm a CJ major at UNT) so I'm going to give my .02

1. I believe you can, but usually you will go straight to jail. I'm not sure if that gives the police the upper hand in court though. I'd assume (never a good thing) that if you could prove you weren't drunk, with the camera on the dash, you might get it dismissed. We didn't do much in Criminal Law with DWI stuff.

2. Once the keys are in the ignition, I believe it shows intent to drive. Doesn't matter if you're moving or not. Best bet? Hop in the backseat, and throw the keys on the floor. When I worked at a bar, people did this quite often. If a cop sees you stumbling to your car, and you have your keys in your hand, he's going to keep an eye on you, and once they hit the ignition, they'll come knocking.

Like I said earlier, these are my thoughts on it... Not spot on. I'm sure LawDog will chime in and give you a good run down though.

[The_VIKING]

I have a 0 tolerance policy on drinking & driving, so idk.

[MX154]

I have a 0 tolerance policy on drinking & driving, so idk.


Completely agree. I've lost numerous friends to drunk driving (as the drunk driver and someone who got hit) so I always have a backup plan.

However, you know everyone wants to bend the rules.

[SG Berm book]

I have a 0 tolerance policy on drinking & driving, so idk.

We know Mickey, you prefer to just make it to the tailgate. :)

[The_VIKING]

I have a 0 tolerance policy on drinking & driving, so idk.

We know Mickey, you prefer to just make it to the tailgate. :)

LMAO - true...can't argue with ya there!
nice shot - you sank my battlehship!!

[zookrider62]

With all the drinkers over here, I was wondering if anyone had any experience or knowledge of the following questions:

1. Can you legally refuse a field sobriety test and breathalyzer?

2. If you are sleeping in your car in a bar parking lot, can you be busted for DWI? (you are sleeping in the car because you know you are drunk, you start the car for the heater because you are cold)

Just wondering.
If you refuse to test, you automatically get your license revoked I believe

[Junk]

I don't think you loose your license, if anything its probably suspended at that point...but they haul you in. And you can sleep in your car drunk all you want, but the second you put your keys in the ignition and/or turn your ignition on they can give you a DWI.

[TwinSpar]

After sitting through 6 hours of defensive driving on Saturday.... I about fell over on the open container stuff and DWI charges. It ain't cheap to toy with the idea of drinking and driving. A speeding ticket landed me in that freaking class. The POS Cobra is gone and a Valentine 1 will be in my truck on Wednesday. The only good that came from that class was learning about the changes in the law but I don't recall these issues being address. The instructor did point out that if you step out of the car.... even if asked by them.... they can get you for public drunkenness.

[motocop729]

With all the drinkers over here, I was wondering if anyone had any experience or knowledge of the following questions:

1. Can you legally refuse a field sobriety test and breathalyzer?

2. If you are sleeping in your car in a bar parking lot, can you be busted for DWI? (you are sleeping in the car because you know you are drunk, you start the car for the heater because you are cold)

Just wondering.


DWI's what fun. The paper work is long and I mean long for a 1st offense class b. one grade higher then a ticket. the need to raise it to a state jail felony for the 1st offense, and raise it like it normally is one grade above for each subsequent conviction.

Needless to answer the question, Yes you can refuse. you can refuse everything. if you refuse your license will be suspended for 180 days. If you do provide a specimen it will be suspended for 90 days even if you blow less then .08, But for all the paper and the laws a good attorney can beat any dwi. I dont drink, nor do I condone it. If I catch someone I will do my job. there is no slack or can I call someone to get you. I have seen the aftermath of what a drunk does. Kills a family and he walks away unhurt. Imagine carrying a two year old lifeless body to an ambulance while the piece of shit drunk walks away to be bonded out to go home to his family. Please think before you drink and drive folks.

The thing is why refuse if you are not drunk. Thats is what the jury thinks. But then again everyone on the jury has probably been drunk and drove in their lifetime. So therefore most drunks get off.



You can be DWI'ed in a parking lot. But you will probably be PI'ed (public intoxication) instead. it is extremly hard to prove anything when you are parked. PI is a class c and can be proven more easily. Alot of factors have to add up to be DWI in a private parking lot or public. Witnesses are important. like if the witnessed you drive there and park.


I just ask if you are going to drink get a designated driver. Just ask youself if you have a heart and any family at all. If I got behind the wheel and killed your wife, son, daughter, mom, dad, you get the feeling of what I am saying. how would you feel. how would you feel to know everything was taken from you or your family.

Better Yet ask Doug Coucavats. he'll tell you. Some piece killed his son after he'd been drinking

Piece and stay safe.

Justyn

[mx320]

Well said Justyn, and I am sorry you have witnessed such horrors. Being a mom, I could not imagine.

Please think before you drink and drive!

[MX154]

Please think before you drink and drive!


Or think before you drink, and don't drive!

[mx320]

Please think before you drink and drive!


Or think before you drink, and don't drive!

yeah that was my point, thanks for rewording....