December 28, 2018
We’ll get to the DWI arrest in a moment. First, let’s take a quick step back. We’d like to remind you that in the event you are pulled over for a suspected DWI, do NOT agree to perform field sobriety tests or provide any specimen of blood, breath or urine. “I can refuse?” you say, “but isn’t that disrespectful and combative?” Let me say it louder for the people in the back: REFUSE to take any kind of test or give any type of sample. Later on down the road there will be a type of warrant gained when it is legally necessary for you to give your blood, but do not do it until the officer has gone through the appropriate measures.
Back to the present day. You gave a sample at the time of the incident or waited it out for an official piece of paper, but you failed the DWI test and have been arrested. Now what?
If you are arrested for DWI in Texas, it is imperative you politely inform the arresting officer that you’d like to speak with an attorney. What you do in these first few moments can mean the difference between a conviction and a “not guilty” verdict down the road.
Your drivers license was physically taken from you when you were arrested, and you were given a temporary driving permit that may only last a month. Typically within two weeks of your arrest you will need to work with your attorney to set up an Administrative License Revocation (ALR) hearing. Do not try to request an ALR hearing on your own – leave it to your attorney.
Let’s say your drivers license is suspended, even after the ALR Hearing. Don’t lose hope! Your attorney will then work with you to secure an Essential Need License (ENL). You will need to show that driving is essential to bringing home the bacon, going to the grocery store to buy the bacon, and then driving back home to fry the bacon… (you get it).
In all seriousness, a DWI arrest in Texas is significant and needs to be handled with utmost care. You may pay a hefty fine, have your license suspended outside of the already stated parameters or spend time in jail. Your freedom is at stake and is not something to leave up to chance. The decision on how to proceed will depend on the evidence against you. Is the arresting officer showing up to testify? Did you give a sample that was well over the legal limit? Is there video footage showing a field sobriety test or any kind of abnormal behavior? Your attorney will take into account the pieces of evidence available and will help you make an informed decision on how to press forward.
In this imperfect world, these so-called DWI “tests” are imperfect as well. Blood alcohol level somehow above the legal limit when you only had one beer two hours ago? There may be a calibration issue with the testing equipment. Abnormal behavior as seen on video footage from the arresting officer? Stress and anxiety can affect us all in different ways. Testimony from an arresting officer saying he/she “knew beyond a reasonable doubt that you were drunk?” Guess what, it’s an opinion. Anything can be fought in a DWI arrest.
In summary, call us. Our number is 210-222-2297. While the phone is ringing, read up on some more detailed advice on what to expect with a DWI arrest. Remember that you are not alone in this. The Law Office of Daniel & Hudson is ready to fight for you!