Common DWI Questions
Being pulled over for a suspected DWI can be a very humbling experience. If an officer suspects you have been driving while intoxicated it is highly likely you may find yourself being placed under arrest before you even realize what is going on. Knowing your rights and understanding what you should do in this type of situation will make a big difference in what happens next.
Our founding lawyer has more than 15 years of criminal law experience and has been named by H Texas Magazine as a “Top DWI Lawyer” for 2011. With an in-depth knowledge of DWI defense, we are more than qualified to provide legal representation in all different types
of DWI cases from first-time DWI arrests to Felony DWI and more. To find out what we can do for you, give our law firm a call today. In the meantime, here are some common DWI questions, and the answers you will want to know.
Can I refuse to take a field sobriety test?
You are under no legal obligation to submit to field sobriety testing. These types of tests are extremely suggestive and are only used by officers to confirm their suspicions of DWI and warrant an arrest.
Can I refuse to take a breathalyzer test?
Any individual who has been issued a driver’s license in our state
has already given his or her implied consent to submit to a breath, blood,
urine, or other chemical tests in the event of a suspected DWI. Refusing
to take a breathalyzer test will generally lead to an arrest and the mandatory suspension of your driving privileges for at least 6 months.
Is there anything I can do to avoid being arrested for DWI?
Other than not consuming alcohol prior to getting behind the wheel of a
motor vehicle, there is usually little that can be done to avoid an arrest
after being pulled over for an alleged DWI. The officer already had his
or her suspicions as to your state of intoxication and field sobriety tests,
breathalyzer tests and questioning is how those suspicions will be confirmed.
Do I have to answer the officer’s questions?
Another common DWI question is, if you are pulled over on suspicion of DWI, you do not have to answer any questions that could incriminate you or be used against you in a court of law. Be respectful. Provide the officer with the basic identification of the information he or she requires and then politely inform the officer that you would be happy to answer more questions once your lawyer is present. Some officers will try to convince you this is an admission of guilt, but it is not. You are simply asserting your legal rights.
Will a failed test guarantee a conviction?
Neither a failed breathalyzer test nor a failed chemical test will guarantee
a conviction. Even if your blood alcohol concentration (BAC) level is
above the legal limit, we will challenge the results and validity of your
tests. An improperly trained officer, an incorrectly calibrated testing
unit, and numerous other factors can all impact the results of your test.
Will I lose my driver’s license if I am arrested for a suspected DWI?
If you have been arrested for DWI, you have 15 days to request an
Administrative License Revocation (ALR) hearing where you will be given the opportunity to challenge your license suspension. Having a skilled criminal defense lawyer by your side will greatly improve your chances of retaining your license or being granted restricted driving privileges.
If it is my first time being arrested for DWI, will I have to go to jail?
Individuals who are arrested for a first-time DWI in our state could be
facing up to 180 days in jail, in addition to a number of other penalties.
In cases where an individual has a BAC level of 0.15 or above, that penalty
may be increased to a year in jail.
The most important thing you can do upon being arrested for a suspected
DWI here in Houston or throughout any of the surrounding cities is to
exercise your legal rights. You have the right to remain silent and you have the right to have a lawyer present during all questioning. Do not help build the prosecution’s case against you by waiving your rights.
Call The Martinez Law Firm and schedule to meet with a Houston criminal defense lawyer immediately. We will answer any of your common DWI questions not answered here, advise you of your legal rights, and help you prepare a compelling strategy for your defense. It is not too late. The time to call is now!