Separate fact from fiction. Get the truth about DWI laws, testing, and defense strategies in Texas.
"You can't get a DWI if your BAC is under 0.08"
You can be arrested for DWI with any BAC if an officer believes you're impaired. Texas law defines intoxication as lacking normal mental or physical faculties, regardless of BAC level.
"Coffee, cold showers, or exercise will sober you up quickly"
Only time eliminates alcohol from your system. Your liver processes about one standard drink per hour. Nothing can speed up this process.
"Breath tests are 100% accurate"
Breath tests have a margin of error and can be affected by medical conditions, medications, diet, and machine calibration issues. They estimate blood alcohol, not measure it directly.
"You have to perform field sobriety tests"
Field sobriety tests are voluntary in Texas. You can politely refuse without legal penalties. These tests are subjective and designed for failure.
"Refusing a breath test means you can't be convicted"
Refusal triggers automatic license suspension and can be used as evidence of guilt. Police may also obtain a warrant for forced blood draw.
"All lawyers are the same for DWI cases"
DWI defense requires specialized knowledge of scientific evidence, testing procedures, and constitutional law. Experience and specialization matter significantly.
"First DWI is just a slap on the wrist"
First DWI carries serious consequences: up to 180 days jail, $2,000 fine, license suspension, increased insurance rates, and a permanent criminal record.
"You can calculate your exact BAC"
BAC depends on many factors: weight, gender, food consumption, metabolism, medications, and time between drinks. Online calculators are unreliable.
"Prescription medications can't cause DWI"
Any substance that impairs your abilities can result in DWI charges, including prescription drugs, over-the-counter medications, and legal substances.
"If the officer didn't read Miranda rights, the case is dismissed"
Miranda rights are only required before custodial interrogation. Most DWI evidence is gathered through observation and testing, not questioning.
"DWI convictions can be expunged in Texas"
Texas does not allow expunction of DWI convictions. They remain on your record permanently. Only dismissed charges or acquittals can be expunged.
"Eating, chewing gum, or mouthwash will fool a breath test"
Modern breath machines account for mouth alcohol. Officers observe you for 15+ minutes before testing. Some products may actually increase readings.
Don't let myths and misinformation affect your case. Get accurate legal advice from experienced DWI attorneys.
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