Robert Guest:
DWI
Driving While Intoxicated is a serious crime in Texas. A first offense carries up to 6 months jail time, and thousands of dollars in fines, court costs, and fees. A judge could order a costly breath machine be placed in your vehicle, even before you are convicted!
The state of Texas has attorneys dedicated to prosecuting your case. You need an aggressive defense lawyer who knows the system to protect your rights.
Frequently Asked DWI/DUI Questions
Q. I've been arrested for DWI/DUI, should I just wait for the court to contact me?
A. No! You only have 15 days to ask for a hearing to challenge your driver's license suspension at an ALR hearing. Having a lawyer at this hearing greatly improves your chances of success; and it gives the lawyer a chance to evaluate your case early.
Q. What happens at an ALR hearing?
A. The state has to prove that the officer had probable cause to pull you over. This is usually done through officer testimony and by referring to the offense report in your case. If you win at this hearing, your license is not suspended, but the state can still file DWI charge against you.
Q. I took the intoxilyzer (breath) test and passed (below .08 BAC), can I still be charged with DWI?
A. Yes! The state can charge you with DWI even if you "pass" their breath/blood test. They only have to allege that you have "lost the normal use of your physical and mental faculties." The state can also allege that you took other drugs (illegal or prescription) and that caused you to be "intoxicated." However, if you "pass" the intoxilyzer your license will not be suspended.
Q. I only drank 2 beers before driving, but I take a prescription for XXX, can I be charge with DWI?
A. Yes. See above answer. The state can charge you with DWI even if you have not had one drink of alcohol. The state could claim you were intoxicated on prescription, illegal, or even over the counter medication.
Q.Can I get a license to drive to work and get my kids to school?
A.Yes. You may apply for an Occupational Drivers License. My office can assist in getting an Occupational Driver's license. Be aware that you must show good cause, and that the license is subject to restrictions.
Q. The police officer asked me to perform field sobriety tests, (One Leg Stand, Walk and Turn, and HGN) test, but he never read me my rights first.
A. In general, an officer does not have to read you your rights while he is investigating a DWI, only after he has made the decision to arrest you.
Q. I did poorly on the field sobriety tests and/or failed the intoxilyzer, should I just plead guilty and get this over with?
A. No! Pleading guilty to a DWI has serious consequences including thousands of dollars in fines and fees, loss of driving privileges, and a conviction which can be used against your forever. A common reason defendants plead guilty is to end a criminal prosecution and move on with their lives. Never plead guilty to end a case or just "get this over with." Even if you think you did poorly on certain tests, those tests may not be admissible. You need an experienced DWI lawyer to evaluate your case.