When someone is suspected of a criminal offense, police usually handcuff that person, place them under arrest, and take them into police custody. For a misdemeanor offense like driving while intoxicated (DWI), the individual is held in police custody until they can attend a hearing before a magistrate judge and have their bond set. Once the person pays the bond, he or she is free to leave. He or she will be expected to return to court for his or her first appearance.

Unfortunately, the time between being arrested for DWI and the bond hearing can be 24-48 hours. For those with jobs, children, and other important responsibilities, waiting in police custody for two days while awaiting magistration is impractical and can even lead to serious repercussions like being fired.

If your loved one was recently arrested for drunk driving, you may be able to get them out of police custody almost immediately by securing an attorney writ bond.

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Driving while intoxicated by alcohol can lead to administrative and criminal penalties in Texas, including a mandatory ignition interlock device (IID). Once the IID is installed in a vehicle, the driver must blow into the device and prove that he or she has not been drinking to start the car. If the device detects alcohol on the driver’s breath, the car will not start. Many people wonder if there is any way to cheat or hack the device. Read on to learn more.

Tricking a Breath Test or Ignition Interlock Device

The purpose of an IID is to ensure that an individual is not under the influence of alcohol while driving. The device is like a breathalyzer. To use it, you blow into the device’s mouthpiece. The device calculates the alcohol content of the breath sample. If the sample contains alcohol, the ignition will not engage and the car will not start. If there is no alcohol on the person’s breath, the car will start normally.

Some people try to cheat the IID so they can drive regardless of their intoxication level. However, these alleged “hacks” do not work. Some common methods for trying to cheat an ignition interlock device include:

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Texas law prohibits individuals from operating a vehicle under the influence of alcohol or drugs. If police officers see someone driving erratically, ignoring stop signals, or otherwise driving in an unsafe manner, the police may pull the person over and ask them to take a field sobriety test. Field sobriety tests involve completing some type of physical task while officers watch for signs of alleged intoxication. While field sobriety tests are generally considered to be reliable methods of determining a driver’s intoxication, there are many different issues that can cause a sober person to fail a field sobriety test.

Obesity and Physical Health Problems

A significant portion of the population has a body mass index that puts them in the “obese” or “morbidly obese” category. For these individuals, completing field sobriety tests may be difficult or even impossible. The most common field sobriety tests include the one-leg stand, walk-and-turn test, and horizontal gaze nystagmus. The one-leg stand and walk-and-turn tests are supposed to assess the driver’s ability to balance. However, being significantly overweight or obese can make it much harder for people to balance and complete these tasks correctly.

Physical disabilities, medical problems, and injuries can also make it difficult to complete the task – even while sober. For example, someone who recently suffered a torn ACL may be unable to put weight on that foot because it is too painful.

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If you have been arrested and charged with driving while intoxicated (DWI), you may be facing criminal and administrative consequences that dramatically impact your life. DWI is typically a Class B misdemeanor offense punishable by fines, 3-180 days in jail, driver’s license suspension up to two years, and other serious consequences. However, certain circumstances can heighten DWI penalties and lead to increased jail time.

As someone accused of drunk driving, it is important to understand the defense strategies you may use to decrease or eliminate the consequences you face. In this blog, we will describe how the nature of blood alcohol content may be used as a valid defense against DWI charges.

Understanding How Alcohol Levels Rise and Fall Over Time

The amount of alcohol a person has consumed can be measured by evaluating the amount of alcohol in their body fluids or breath. The term “blood alcohol content” or BAC is the standard unit of measurement used to describe how intoxicated someone is. Having a BAC over 0.08 percent is considered legally intoxicated.

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Although work-from-home opportunities have increased after the pandemic, many adults still need to drive for their job. In the Collin County area, public transportation may not be sufficient for workers’ transportation needs. Consequently, losing your driver’s license can be a huge hindrance. If you lost your license due to charges for driving while intoxicated (DWI) and you work outside the home, you may be tempted to drive anyway. However, driving with a suspended or revoked driver’s license is considered a criminal offense punishable by heavy fines and a longer suspension period.

Fortunately, many drivers charged with DWI are eligible for an Occupational Driver’s License or “essential needs license” which enables them to drive lawfully.

Regaining Driving Privileges After a Drunk Driving Charge

Many people with suspended driver’s licenses are unable to fulfill their responsibilities without driving. If you lost your license but you need to drive to get to school or work, you may be able to get an Occupational Driver’s License. This license enables you to drive for up to 12 hours a day for specific purposes. You can apply for an Occupational Driver’s License by submitting a petition to the court. You will also need to fill out and submit a Financial Responsibility Insurance Certificate to prove that you are insured. Depending on your jurisdiction, you may also need to submit your driving record and appear in court in front of a judge to get an Occupational Driver’s License. You will need to demonstrate to the court why you need this license to fulfill your personal or professional responsibilities. A DWI defense lawyer can help you gather the necessary paperwork, submit a petition to the court, and argue your case in front of the judge at your ODL hearing.

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