What If I'm Stopped for DWI? A Former Prosecutor & Military Judge Fighting For Your Freedom

What Should I Do If Stopped for DWI?

Everything You Should & Should Not Do if Charged with DWI in Texas

Wondering what the best course of action is if stopped by law enforcement for suspicion of DWI or DUI? Read on to learn what is expected of you, what is and is not required of you, and what police officers are entitled to do.

If you have more questions, call our attorneys at the Law Office of Patrick J. McLain, PLLC at (214) 238-9392.

If you are pulled over for driving under the influence of drugs or alcohol, the officer who stops you can ask you to take to a breath or blood test in addition to performing a field sobriety test. You have the right to refuse those tests, but in Texas, doing so you will be in violation of the implied consent law of Texas, that will likely result in the seizure of your driver’s license.

An arresting police officer may be able to obtain a warrant to seize a sample of your blood for testing, if the police officer is able to show evidence to a magistrate establishing probable cause that you were driving a vehicle under the influence of drugs or alcohol.

What Happens if I Refuse to Take a Field Sobriety Test?

If you refuse to take a sobriety test, the police officer can immediately seize your driver’s license and issue you a temporary driver’s license that is valid for 41 days. After that period, your license will be suspended automatically for 180 days.

Within 15 days of that seizure of your license, your attorney should request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver’s license.

Even if your license remains suspended after that hearing, you will be able to obtain a temporary (occupational) driver’s license, and the hearing will give your attorney valuable discovery, i.e. information about the evidence in the upcoming criminal case alleging that you were driving a vehicle under the influence of drugs or alcohol.

Can I Still Be Convicted if I Don’t Take the Breathalyzer or Blood Test?

Refusing to take a test does not guarantee that you will not be convicted of a DWI. However, if you consent to the search and are under the influence of drugs or alcohol, your license will be seized, and most likely suspended, anyway. Therefore, it is generally better not to provide evidence that may help convict you.

Call an Experienced Attorney

If you are pulled over and charged with driving under the influence of alcohol, we strongly urge you to call our lawyers right away to start building your defense and working to get your license reinstated. Call (214) 238-9392 today to schedule a case evaluation with our firm.

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