Frequently Asked Questions About DUIs

Harrell & Paulson 
Law hammer, alcohol and car keys on wooden table

At Harrell & Paulson, we understand that being charged with a DUI or DWI can be a stressful and confusing experience. We're often asked a series of questions about what to expect during this process. That's why we've decided to provide some insight into the most common queries we receive.  

Remember, every case is unique, and specific advice should always be sought from a qualified attorney. If you're in or near Kaufman, Texas, and looking for legal help, contact our law firm today to get a free consultation.  

Can I Refuse the Breath and/or Blood Test When Pulled Over on Suspicion of DUI?

If you're pulled over on suspicion of DUI/DWI, you might be wondering if you have the right to refuse a breath or blood test. The truth is, it's not a straightforward yes or no answer. The laws vary from state to state. In some areas, refusing a chemical test could lead to immediate license suspension and other penalties. Yet, in other jurisdictions, you might have the right to refuse the test, but it could still result in consequences such as license suspension.  

In Texas, we have something called "implied consent laws." Basically, this means that if you're legally arrested by a cop who thinks you've been driving drunk, you have to take a breath or blood test to check your alcohol levels. If you say no to the test, your driver's license could be suspended. 

It's crucial to reach out to an experienced DUI attorney to understand the specific laws and potential consequences in Kaufman, Texas, and the surrounding areas. We're here to guide you through these murky waters and ensure you're informed about your rights and potential outcomes. 

If I’ve Been Charged With a DUI, Will I Go to Jail?

One of the most common worries we hear is whether a DUI/DWI charge will result in jail time. The reality is that it depends on various factors, including the specifics of the offense, your prior criminal record, and the laws in our jurisdiction. A first-time DUI offense may lead to probation, fines, mandatory alcohol education programs, and community service in many cases. 

However, repeat offenses or aggravated circumstances such as accidents or injuries can increase the likelihood of jail time. As your DUI attorneys, we can help you understand the potential outcomes based on your specific situation. We're here to provide you with guidance and support every step of the way. 

Will I Lose My License? How Will I Get to Work?

A DUI/DWI conviction often leads to license suspension or revocation. The duration of the suspension can vary depending on our state and the specific circumstances of the offense. However, in many cases, you may be eligible for a restricted license that allows you to drive to work, school, or other essential activities. 

As your Texas DUI attorneys, we can guide you through the process of obtaining a restricted license and explore alternative transportation options during the suspension period. We understand the importance of maintaining your daily routine and income stream, and we will work tirelessly to help you achieve your best possible outcome. 

What Should I Expect During the Hearing?

The DUI hearing is a critical stage in the legal process. It's an opportunity for you to present your case and challenge the charges against you. The prosecution will present evidence, and as your attorneys, we'll have the chance to cross-examine witnesses and present your defense. 

Like with any criminal case, it's vital to be prepared and have dependable lawyers by your side. We're skilled at navigating these legal proceedings, protecting your rights, and executing a strong defense strategy.  

Is It Worth It to Fight a DUI?

Challenging a DUI/DWI charge can be complex, but it will definitely be worth it when there are valid defenses or mitigating factors, such as improper police conduct or faulty breathalyzer tests.  

As your DUI lawyers, we can assess the evidence, evaluate the strength of the prosecution's case, and advise you on the best course of action. We can also negotiate with the prosecution for reduced charges or alternative sentencing options. Every case is unique, and we're dedicated to providing personalized advice and representation tailored to your specific needs. 

Are There Any Ways to Reduce My Sentence?

In some cases, there may be opportunities to reduce the severity of the sentence for a DUI conviction. This can include negotiating plea bargains, attending alcohol education programs, completing community service, or participating in rehabilitation programs. 

The availability of these options depends on the laws and policies of our jurisdiction, as well as the specifics of your case. Consulting with us at Harrell & Paulson can help you explore potential avenues for sentence reduction. We're committed to advocating for your best interests and seeking the most favorable outcome possible. 

Is Hiring an Attorney Necessary?

While it's not mandatory to hire an attorney when facing a DUI charge, it's highly recommended. Without proper legal representation, you may be at a disadvantage and face more severe consequences.  

At Harrell & Paulson, we can provide invaluable guidance while protecting your rights and handling the complex legal processes on your behalf. We have the knowledge and experience to challenge the prosecution's case and advocate for your best possible result. 

Get Your Questions Answered 

Facing a DUI charge can be overwhelming, but you don't have to go through it alone. Remember, understanding your rights and the legal process is crucial to achieving the best possible outcome. Our DUI defense lawyers at Harrell & Paulson are dedicated to providing the support and advocacy you need during this challenging time.  

Take the first step towards your best defense today, and schedule a free consultation with our experienced criminal defense attorneys. From our law firm in Kaufman, Texas, we proudly represent clients throughout Forney, Terrell, Rockwall, and the surrounding areas.