You’re in a precarious position if you have been charged with Driving While Intoxicated (DWI). You need to know how to proceed. You need legal representation as soon as possible.
Texas is an implied consent state which means that by virtue of having a license, you have impliedly agreed to take a test when properly requested by police. You can still refuse to submit to a breathalyzer test. Refusing to submit to a test still entitles you to a suspension hearing, if requested in a timely manner. If the police have a search warrant to obtain a blood sample from you – do not resist. You don’t want to risk being charged with resisting an arrest/search.
The State of Texas can attempt to suspend your driver’s license if you refuse a test, or take a test and fail. The length of suspension depends on a number of factors, including the test results (if any) and the existence of prior convictions
Is it worth it to refuse the test? That’s an individual decision – one you’ll often have to make in the moment.
No. There are issues which can throw off a breath test. The machine can be improperly calibrated. Certain health conditions can affect test results. In addition, breathalyzer tests make certain assumptions about your body which may not be true for you.
When you work with an attorney, you work with someone who will evaluate the science of breathalyzer tests and can use that to your advantage while defending you in court.
You might not be legally guilty. In DWI cases, the prosecution often depends on the defendant accepting their own guilt without someone challenging the evidence. In reality, you might not have been driving while impaired under the law. Other evidence in the case may show a lack of impairment at the time of driving.
Yes. We’ve been successful at helping some clients get their charges dropped. After a dismissal, there may still be collateral consequences arising from your DWI arrest which require attention.
When the DA presents evidence to charge you with a DWI, we make every effort to present other evidence that demonstrates that you were not driving while intoxicated. When that’s not possible, it may be advantageous to work out a plea bargain on your behalf.
Texas is one of the toughest states in the nation for prosecuting DWIs. You need an experienced attorney to help you. There can be lifelong negative consequences as a result of a DWI prosecution.
Contact the attorneys at The Hill Law Firm today for a free initial consultation.
We look forward to working with you on your case.
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