You need to be informed on what to do if you or a loved one is ever arrested for a Driving While Intoxicated in Texas. The attorneys at Carabin Shaw will be able to fully inform you on what’s to come and will be with you every step of the way. The first thing that happens to someone who is arrested for a DWI is that his or her driver’s license is suspended. The suspension can be permanent if not appealed within 15 days of the incident. When you contact Carabin Shaw we file the required appeal for you and represent you at the hearing that is to take place.
This suspension can occur if you have a Texas driver’s license and voluntarily provide a sample of your breath that tests .08 or higher blood alcohol content. The officer will then remove your Texas driver’s license from your possession and issue you a “Notice of Suspension”. You have 15 days after the date of your arrest to contest the Administrative Suspension of your Texas driver’s license. The Notice of Suspension will be your driver’s license until the suspension takes effect.
If you have an out of state driver’s license then the process is a little different. Instead of the officer confiscating your driver’s license at the time of your arrest, you keep your driver’s license and will be given a notice of suspension. Texas will likely report to your home state that you have been arrested or convicted of a DWI. Some states can have your driver’s license in your state suspended as well. If this occurs then you will likely be defending your driving privileges in both your home state and the State of Texas.
When you hire Carabin Shaw an experienced attorney will set a date for an ALR hearing after submitting an appeal of your driver’s license suspension. During the ALR hearing the State has to prove the officer had probable cause to stop you and you either tested .08 or higher blood alcohol content. The state can also use the proof of you having a drug in your body that caused impairment or you refused to provide a sample of your blood, urine or breath when the police officer requested you to do so. If the ALR judge finds that at least two of the conditions were met, your driver’s license will be suspended. If the ALR judge finds that at least two of the conditions were not met, you keep your driving privileges.
If you or a loved one has been arrested for a DWI in the State of Texas, call Carabin Shaw to help you keep your driving privileges.
When you are pulled over by the San Antonio Police do you know what to do?
When pulled over for a DWI in Texas you have the right to remain silent. You also posses the right to refuse any field sobriety tests, portable breath test or breath and urine tests without facing any criminal charges or penalties against your license. All you are required to do when being pulled over for a DWI in Texas is provide the police officer with a copy of your driver’s license, proof of insurance and registration. If the officer keeps insisting on any sort of testing or consent to search your vehicle call Carabin Shaw immediately. Any answer you give to the police officer can and will be used by the sate as evidence convicting you with a DWI.
Most people who live in Bexar County are under the impression that you are not allowed to refuse an officer when asked to blow into an Alcohol Breath Test Machine, but the truth is you do have the right to refuse:
- All field sobriety tests.
- Blood testing without a warrant.
- All handheld breath testing machines.
- Answer any questions the police ask you other than your name, insurance and registration. That means you do not have to answer police questions about where you are coming from, where you are going and whether you have drunk any alcohol before getting into your vehicle.
- Urine testing.
- Police permission to search your car.
- Breath testing at the station.
The Bexar County No Refusal Weekends policy is simply that the policeman is required to have a warrant from a judge in order to collect your blood, breath or urine if you refuse the testing. You have the right to contact Carabin Shaw before you answer any questions or agree to take any of the field sobriety tests. There is no guarantee that the warrant application will be approved.
It is important to contact Carabin Shaw because you will not be able to talk your way out of a DWI arrest. By contacting us, we will be able to help guide you through the process without you incriminating yourself. If the judge does issue a warrant then you are required to submit a sample of your blood. In order for a police officer to apply for a warrant they have to prove beyond a reasonable doubt that you were driving while intoxicated. The obtained warrant can later be contested in court and may result in any blood results being ignored in trial or later hearings related to the DWI case.
If you or a loved one have been arrested and forced to give blood call Carabin Shaw right now for a free consultation.