Is it typical to go back 24 years since a dwi in Texas to enhance to a felony. There was. No blood test .

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by Grant St. Jullian III

August 23, 2017

Asked 8/16/17- Abilene, TX

I was given a dwi and Dps was told I did not take a blood test so they suspended my license 6 months and at the same time put a breatherlizer in the car saying I was over the limit. Shouldn’t they have done one or the other but not both?

Answer

An administrative license suspension for failing or refusing a breath/blood test at the request of a law enforcement officer is a totally separate matter from criminal prosecution for Driving While Intoxicated. If your test results were over .15, or if this was not your first DWI, then an intoxilyzer is required as a condition of bond while your case is pending and may also be required as a condition of probation. This is regardless of any DPS license suspension. Contact a local attorney to explain the entire situation.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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