That's important, because being found with a BAC of .15 or more results in a Class A misdemeanor DWI charge, rather than a Class B. Class A misdemeanors are punishable by a fine of up to $4,000 and a year in jail. Class B misdemeanors are punishable by a fine of up to $2,000 and up to 180 days in jail.
Neave, according to court records, crashed her blue 2012 BMW Z4 into a tree on Abrams Road in Lakewood. When police showed up at the scene of the accident, Neave smelled strongly of alcohol, according to an arrest warrant affidavit, and had to lean on her car in order to keep her balance. When she got too far away from her car, Dallas police say, she struggled to remain upright. Neave's eyes were bloodshot, according to police.
Neave repeatedly invoked her Fifth Amendment rights, refusing both a breathalyzer and field sobriety tests while vowing to fight for the officers who were about to arrest her. "I love you and I will fight for you and I'm invoking my Fifth Amendment rights," Neave said.
Victoria Neave
Dallas County Sheriff
After her arrest, Neave refused to consent to a blood test, forcing arresting officers to get a middle-of-the-night blood draw warrant. Police took Neave to Baylor Medical Center where a nurse finally drew her blood at 1:53 a.m.. Given that Neave's BAC was at least .15 more than two hours after her arrest and the human body metabolizes about .03 percent per hour, it's clear that the rep's BAC was at least twice the legal limit as she drove into the tree.
After the crash and her arrest, Neave posted a video apology on her Facebook page.
"Last night, I disappointed my family, my constituents and my supporters. I disappointed myself. I am so grateful that no one was hurt. I am deeply sorry, and will accept the consequences of my actions, and will work to make this right," she said.
