A DWI arrest can lead to more than one proceeding. In addition to the criminal case, you may face a separate administrative action affecting your driver’s license. The deadlines and decisions in one process should not be assumed to control the other.
Harrell & Paulson helps clients evaluate DWI allegations, the evidence supporting the charge and the steps needed to protect their legal options.
The facts and evidence need individual review
A DWI investigation may involve the reason for the stop, an officer’s observations, field tests, video and a requested blood or breath specimen. Relevant issues can include whether investigative steps were lawful and whether the evidence reliably establishes the alleged offense.
A numerical test result is not the only issue in every case. Texas law also recognizes intoxication based on loss of normal mental or physical faculties from an intoxicating substance. The precise allegation and the full record matter.
Do not overlook the driver’s-license notice
The Texas Department of Public Safety’s administrative license revocation process has short hearing-request deadlines. For a notice personally served in the ordinary ALR process, the request generally must be made within 15 days after service. A later notice mailed after blood-test results can involve a different deadline.
Have the actual notice reviewed immediately. Do not wait for the first criminal court appearance, and do not assume that requesting advice through this website requests a hearing or preserves your rights.
What does a refusal mean?
Refusing a requested specimen can have administrative-license consequences, and a refusal does not necessarily prevent officers from obtaining a specimen through a lawful warrant or another authorized procedure. A refusal also does not, by itself, decide the outcome of the criminal case.
The applicable consequences depend on the notice, history and circumstances. Avoid relying on an online penalty chart to determine whether or when you may drive.
First offense does not mean no consequences
A first DWI case can still raise concerns involving driving, work, court conditions and other obligations. Factors such as the alleged alcohol concentration, a child passenger, a collision or prior history can change the issues or potential consequences.
Any proposed resolution should be reviewed for its terms and collateral effects before a plea is entered.
What to have available when you call
Keep the arrest and bond paperwork, license-suspension notice, court notices and a record of the arrest date. Tell the office about any commercial license, existing suspension, prior case or upcoming hearing.
Call (972) 932-4412 to request a consultation. Identify any license or court deadline at the start of the call.