“Dear Mr. Stith, thank you for all your help on my case. I was unsure what could be done after I had been arrested. After you got the case dismissed, I was able to return home and begin my life! Thank you so Much!.” Alfred S.
“Dear David Stith, I can’t tell you enough how much I appreciate all the hard work you did on my case. I never believed that a lawyer would care so much about his clients and provide all the work that you have done. I want you to know that I will never forget everything you have done for me.” Jessica A.
I Have Been Arrested for DWI, Now What?
If you have been arrested in Nueces County, Corpus Christi, San Patricio, Sinton, Port Aransas, Rockport, or Aransas County, there are some things you should know when deciding on how to handle your case.
The first thing you should know is that you have a very limited time to request an Administrative License Review Hearing (ALR). According to Texas law you must request the hearing within 15 days from the date of arrest.
This request temporarily halts the suspension of your license until a hearing can be held to determine if there was reasonable suspicion for the stop, and probable cause to believe that you were operating a motor vehicle while intoxicated. These two factors are what the attorney for the Texas Department of Public Safety must show the ALR Judge in order to request that your license or privilege to drive be suspended.
Be aware, that this is the first step in defending your DWI or DUI case. Prior to the hearing your DWI criminal defense lawyer will be able to get copies of the paperwork the attorney for DPS will try to use against you. Your DWI criminal defense lawyer will examine the paperwork to see if DPS has followed all the necessary rules in order for the DWI license review case to proceed. Your attorney can subpoena the officer, and get his testimony “locked in”. This is an important step in the DWI defense process, and should not be overlooked or missed. Depending on the outcome of the hearing, you will either keep your license, or can request an occupation license.
While you fight for your license, the criminal case may also be filed. You have many decisions at this point, and most will depend on how the DWI video looks (there may either be an in car video, a video taken at the station, or both).
You may or may not have done tests at the roadside, or in the “intox” room. These “standardized tests” are the way officers generally try to show that a person is intoxicated. These tests are not set out by statute, but are taught to officers in classes. Merely because the officer thought you performed badly on the tests does not mean you are guilty of DWI. Also, it is important that the officers conduct the tests according to how they were taught.
There may also be a breath test result, or a refusal to provide a breath test. The breath test machine is not infallible, and your DWI defense attorney will be able to challenge the machine on a number of grounds. Also, the machine does not show what the level of intoxication was at the time of driving. This is another area where your DWI defense attorney is able to attack the evidence presented by the State.
There are many different types of resolution to your case. How to handle the case is your decision and should be made only with the advice and counsel of an attorney.
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