DWI Defense Lawyer in Texas

Your Rights When Suspected of DWI in Texas

In general, a person has a right to refuse a blood or breath test when pulled over for driving while intoxicated, though it is not necessarily a good idea to do so. If you do refuse a required breath test, your driver's license will be suspended for 180 days (assuming this is your first DWI), a two year suspension will be placed on any subsequent arrest within ten years, and your refusal will be entered into evidence in your DWI trial. This could possibly imply that you felt you would fail the test. Note that, if you have caused an accident where a death or serious injury has occurred, an officer is permitted to force you to take a blood test.

If you accept the test and fail, your license may be revoked for 90 days if your record shows no prior alcohol-related arrests or one year if you have a prior conviction or suspension on your record in the past ten years.

You do not have the right to refuse to be videotaped, but you are allowed to refuse to perform any field sobriety tests or to refuse to answer any questions. Your refusal to perform field sobriety tests or answer questions carries no penalties.

You do not have the right to contact an attorney while being questioned prior to or immediately after your arrest. While you do have a constitutional right to an attorney's counsel for any interrogation concerning alleged criminal activity, this right does not extend to non-interrogation questioning. Though, as mentioned above, you do have the right to refuse to answer these questions.

If your license is suspended because you failed or refused to take a blood or breath test, you may be able to avoid having your license suspended. An officer will take your license immediately upon suspension but he or she will also issue you a provisional license good for 40 days. After your license has been suspended, you may request an Administrative License Revocation Hearing (or an ALR hearing).

You will be notified of your license suspension either by the officer who arrests you or by mail from the Department of Public Safety. You have fifteen days from the date of this notification to request an ALR hearing or you waive that right.

If your ALR hearing is scheduled to be held after your provisional license expires, you may request that your provisional license be extended. Even if you lose your ALR hearing, you have the right to appeal. You must submit an appeal within 30 days of the final verdict of your ALR hearing or you waive that right. If you submit an appeal, your provisional license will be extended for another 90 days. If you win your appeal, the suspension is lifted. And of course, if you ultimately are found “not guilty” in your DWI trial, your suspension is lifted.

If you have been charged with a Texas DWI, contact the Texas DUI attorneys at Grossman Law Offices.  We have 20 years experience in dealing with Texas DWI cases.

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Questions answered in this article:
What happens if I refuse a field sobriety test?
What happens if I refuse a breathalyzer test?
What are the penalties for DWI?
Can I get probation?