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Drunk or diabetic? Defend yourself if there's confusion

You were driving your child home when you started to feel a little unwell. You weaved out of your lane but corrected your vehicle as soon as you could. As soon as you were able, you pulled over to the side of the road where you saw a police officer pull over behind you. They came up and asked if you'd been drinking.

You told them you had started to feel unwell, but the smell of alcohol on your breath made them think you'd been drinking. You tried to explain that you had type II diabetes, but the officer was already going through the process of testing you with a Breathalyzer. You later took your blood sugar and saw it was fine, but that didn't mean that it was in the moment of the stop.

If this is your first DWI offense, then you need to know what to expect. Even if you did not commit the crime and the officer was incorrect, you may end up spending some time at the police station while the case is sorted out.

A first-offense DWI in Texas could result in fines of as much as $2,000 and up to 180 days in jail. At a minimum, you can expect to spend three days in jail upon conviction.

The penalties you face could be much higher depending on other factors, such as if anyone was hurt because of your alleged intoxication or if you had a child in your vehicle at the time of the traffic stop. If you have a child in your vehicle when you're accused of a DWI, you could face fines of up to $10,000 and up to two years in jail. You could also lose your license for 180 days.

What should you do if you're accused of a DWI in Texas?

Since a first-offense DWI has some significant financial implications and could result in a prison sentence, it's a good idea to talk to your attorney as soon as possible. Your attorney can help defend you in a few ways, such as by:

  • Questioning the reason for your traffic stop
  • Discussing the location of evidence
  • Finding out how evidence was collected and if the collection was legal
  • Showing that your medical condition could produce the smell of alcohol or the readings picked up by a Breathalyzer

Every case is different. It's worth defending yourself, because the penalties are too harsh not to.

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