Texas DWI FAQs
Frequently Asked Questions in Texas DWI Cases
Houston DWI Attorney Mario Madrid is Board Certified by the Texas Board of Legal Specialization in Criminal Defense as well as being a member of the National College of DUI Defense. He has successfully defended scores of clients charged with DWI.
What do I do if I am stopped by a police officer and have been drinking?
First, do not panic. Always be polite and respectful. Depending on your driving and the time of night the officer may began to question you about how much and what you were drinking. Under the United States and Texas Constitution you have a right against self incrimination. Do not admit to drinking, but be polite. If you feel pressured inform the police officer that you will be willing to answer all of his questions after you speak with an attorney.
What if the police officer asks me to perform field sobriety tests?
Respectfully decline all field sobriety tests. The police officer is attempting to collect evidence to use against you and to arrest you. Do not give the state evidence to help prove that you are guilty. You will be nervous and have never performed these tests and it is likely that you will not do your best under the pressure of arrest.
Should I take the breath test?
No. The machine is prone to errors and is not accurate enough to trust. It is possible to submit an erroneously high result. Juries understand that machines can be faulty and understand why a person would refuse to blow.
Can I be forced to submit to a blood test?
If the police officer has a search warrant you can be forced to submit to a blood test. Further, under Texas law, blood draws are mandatory if you are charged with a Felony DWI, Intoxication Manslaughter, Intoxication Assault or DWI with Child Passenger.
The police officer did not read me my rights. Can I get my case thrown out?
During the stop and investigation of the DWI, the questions asked of you are not considered “custodial interrogation.” If you are in custody and being interrogated the police are required to inform you of your rights by reading you your Miranda Rights.
Therefore it is common that the Miranda Rights are not read because you are not considered in custody at this point. The short answer is your case will not be dismissed for this reason. If later in your arrest, custodial interrogation occurs and you are not Mirandized, it is possible to have the judge order these statements suppressed.
Is my license automatically suspended if I am arrested for a DWI in Texas?
Your license will not be automatically suspended if you are arrested for DWI. However, you must request an Administrative License Revocation Hearing (ALR) within 15 days of your arrest to fight the suspension. If a hearing is not requested within the proscribed time period your license will be automatically be suspended on the 41st day after your arrest.
Can I drive to work if my license is suspended for DWI?
You can petition the court for an Occupational Drivers License to drive to and from work and to perform essential household duties. Depending on your driving record, most judges will issue an Occupational Drivers License.
- Administrative License Revocation (ALR)
- DWI 1st Offense
- DWI 2nd Offense
- DWI 3rd Offense
- DWI With Child Passenger
- Felony DWI
- Intoxication Manslaughter
- Texas DWI FAQs
- DWI Penalties
Talk With a Criminal Defense Lawyer
Mario Madrid, a highly experienced criminal defense lawyer, is prepared to consult with you, at no charge, with regard to making a decision on the best direction to go with your case. If you’ve been arrested for a criminal offense related to drinking and driving in Houston and to speak with a lawyer, give us a call at 713-877-9400.