What Are My Rights in a DWI Case?

Legal Books Rights DWI Case

Being arrested for DWI in Texas can be an unnerving experience – especially if you are a first-time offender. You might not know what to expect, what you should do, and what you should not do. In this post, we will take a look at your rights in a DWI case and the steps you need to take in order to increase your chances of avoiding a DWI conviction.

The Right to Not Take Field Sobriety Tests

As any DWI lawyer can tell you, Texas law grants you the right to not take field sobriety tests, as they are not mandatory. If the officer insists you to take the tests, you can politely refuse to do so. Remember – field sobriety tests are not an objective test of your sobriety. You could fail them for a variety of reasons – even if you are not drunk. So, there is no need for you to submit yourself to these tests.

The Right to Remain Silent

This is perhaps the most important right you need to exercise if you are arrested for DWI in Texas. Under Texas law, you are only required to share your name, date of birth, and address to the arresting officer. If they ask you any other question, you can simply tell them that you will only talk in the presence of a Texas DWI lawyer.

The Right to Request an ALR Hearing

Under Texas law, the police have the right to seize your driver’s license upon making a DWI arrest. 40 days after your arrest, your license will be automatically suspended for a period of time, which can be anywhere from 90 days to two years – depending on whether it is your first, second, or third DWI arrest.

At the same time, you have the right to request an Administrative License Revocation (ALR) hearing to contest your license suspension. At the hearing, your DWI lawyer will try to convince the judge that your license should not be suspended – by making one or more of the following arguments.

  • Unlawful traffic stop
  • Unreliable blood and breath test results
  • Lack of probable cause to make an arrest
  • Improper administration of field sobriety tests
  • Discrepancies in the arresting officer’s testimony

If your DWI lawyer manages to convince the judge, your license will not be suspended. Otherwise, it will be suspended. 

The Right to Hire an Attorney

DWI is a criminal charge, so you have the right to be represented by a criminal defense attorney. Contact an experienced Texas DWI lawyer as soon as you are allowed to do so. Make sure you do not accept any kind of plea deal from the prosecutor before consulting with your lawyer.

Choose a Seasoned DWI Lawyer to Fight For You

If you are facing DWI charges in Texas, the board certified criminal defense lawyers at Hines & Holub can help you. We have over 85 years of combined experience. Plus, we have handled several misdemeanor and felony DWI arrest cases over the years. We can represent you, guide you, and devise the right strategy to defend you against the charges you are facing.

To discuss your case with one of our Austin DWI lawyers, call us today at 512-883-5386 or contact us online and schedule a free consultation. 

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