FAQ: Texas DUI/DWI LawQ: If I am pulled over for a DUI or DWI, do I have to take a breath test?A: You can refuse a breathalyzer, but you will face consequences. Refusal is considered implied consent under the Texas Transportation Code. First, the state can introduce the fact that you refused a test into evidence during your trial; this can affect how the jury perceives you. Refusal can also affect your punishment. If it is your first DWI offense, you face losing your license for three times as long (180 days, compared to 60) as you would if you had taken, but failed, the test; for your second or third offense, your license loss jumps up to two years instead of 120 or 180 days if you refuse. In certain situations, the police can force you to submit to a test if they suspect you are driving drunk. If you were involved in an accident and the police believe that someone has died, will die, or has suffered severe bodily harm because of the accident, you can be forced to give a sample even if you refuse. Q: I was arrested for drunk driving. What should I do?A: Time is of the essence. You only have 15 days after your DUI/DWI arrest to schedule an administrative license revocation hearing, or you face losing your license before your trial even begins. If you contact us right away, we can help you with this hearing and start working on your defense. If we are at your hearing, we can also hear some of the evidence the state has against you; this allows us to begin working on your defense immediately. Q: Do I need a lawyer if I want to plead guilty?A: You should always consult an experienced criminal defense attorney before you decide to plead guilty. A criminal defense attorney can assist you in many ways. We can explain to you what the state is offering and negotiate with them on your behalf to try to get an even less severe punishment. We can also analyze your case to find any law enforcement errors, or any rights of yours that may have been violated, either of which could result in the dismissal of your case. Also, pleading guilty may have consequences to your ability to obtain a job or continue working in certain occupations. It might also affect your immigration status if you are not a U.S. citizen. Q: I was in a fight and now I have been charged with assault. What if the other person is not pressing charges-does the case go away?A: The crime of assault includes things like fighting with your roommate, getting into a bar fight with a friend or stranger, and domestic violence. You can face both civil and criminal liability for these situations. Even if the person you fought with decides to drop the civil charges, the state can still press criminal charges. If you are convicted of assault, you might face some jail time. The important thing to bring forth in an assault case is the facts-there is always two sides to every story. The alleged victim may be mentally unstable or may be the instigator; you may actually have been defending yourself against the alleged victim. An experienced criminal defense attorney will present your side of the case and seek to have the charges against you dismissed. |
