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After you have been arrested for Driving While Intoxicated the next step is for the officer to request a sample of your breath or blood. The breath test is taken at the jail using the intoxilyzer and the blood sample can be taken at the jail or hospital. Many people are surprised to learn the breath test is not taken on the side of the road but later at the jail! The results of the breath and/or blood test may result in a suspension of your driver's license. Many officers carry a portable breath test device but that breath test does not count toward determining your alcohol concentration or license suspension.

Statutory Warning

The Statutory Warning is the form that an officer will read to you formally requesting a specimen following a DWI arrest. The officer may request a specimen of breath, blood, or both. The officer decides what type of specimen you will provide. The warning may be read to you at the scene in the back of the police car or at the jail. The warning sets out the consequences for providing a sample over .08 or refusing to provide a sample. You will be provided a copy of the document to follow along with while the officer reads it to you.

What happens if you provide a sample over .08?

If you provide a sample over .08 your license will be suspended for 90 days. If there is a prior alcohol related contact (prior DWI) on your driving record within ten years your license will be suspended for one year. The New York Times wrote an article about breath testing that you might find interesting.

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If you are a first-time offender in Tarrant County, you may qualify for a Pretrial Diversion program! Pretrial Diversion Programs are an alternative to prosecution which seeks to divert certain offenders from criminal proceedings into a program of supervision and counseling. When the diversion program is complete, the case is dismissed. Once the case is dismissed, an expunction can be filed immediately in some cases or after a wait period in other cases. For more information on an expunction click here.

Tarrant County Diversion Programs include:

Deferred Prosecution Program. Deferred Prosecution Program, also known as DPP, is available for youthful offenders, age 17 to 24 at the time of the offense, who have not been previously convicted of an offense, and who are willing and able to rehabilitate themselves. For more information on DPP click here.

Veterans Court Diversion Program. The Veterans Court Diversion Program is a diversion program for Justice Involved Veterans who are currently facing prosecution for one or more criminal cases. The program offers offenders a treatment option that is judicially supervised. For more information on Veteran's Court click here.

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On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.

Can I get Deferred Adjudication for All DWI Charges in Texas?

A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver:

  • Has a commercial driver’s license
  • Involves a blood alcohol content of .15 or more
  • Two or more Driving While Intoxicated arrests
  • Driving While Intoxicated with Child Passenger
  • Flying While Intoxicated
  • Assembling or Operating an Amusement Ride While Intoxicated
  • Intoxication Assault
  • Intoxication Manslaughter

Will the ignition interlock device be installed on my vehicle as a condition of deferred adjudication?

Most likely YES. If a judge grants Deferred Adjudication community supervision for a Driving While Intoxicated than the Ignition Interlock Device will most likely be a requirement of the community supervision period. But the Judge may waive the interlock requirement if, after a substance abuse evaluation, the Judge determines that requiring the interlock is not necessary for the safety of the public.

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If you do not have a gold star, you may not be able to use your Texas driver’s license or identification card at the airport! The Real ID Act begins October 1, 2020 and only state-issued driver licenses and identification cards that are fully compliant with the REAL ID Act will be accepted for official federal government purposes such as boarding domestic flights.

The Texas Department of Public Safety website explains how the Real ID Act will impact Texas residents. Below are some of the questions and answer provided by the Texas Department of Public Safety. The link to the website is at the bottom of this page.

What is REAL ID?

REAL ID is a coordinated effort by the states and the federal government to combat terrorism, identity theft, and other crimes by strengthening the integrity, accuracy, and security of the driver license and identification card issuance process.

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With the legalization of marijuana for recreational and medicinal purposes spreading across the country, more and more employers are conducting drug tests, but could CBD cause you to fail one?

In a perfect world, Cannabidiol (CBD) shouldn’t cause you to fail any random or scheduled drug test either at work or undertaken by law enforcement.

That’s in a perfect world. In the imperfect world we live in, many common CBD products contain trace amounts of tetrahydrocannabinol (THC). If enough THC is present in the CBD product you consume, it could lead to a positive indication on a drug test.

This means that in extremely rare cases taking enough CBD could lead to a positive indication, but that depends a lot on the quality of the product and its composition.

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