DWI:
Texas law treats those accused of Driving While Intoxicated harshly. A first time DWI offender faces a possible license suspension by the Texas Department of Public Safety, a maximum fine of $2,000 and up to 180 days in jail. Those individuals with prior convictions for DWI face even stiffer penalties. Even bonding subsequent offenders out of jail before the initial court date becomes a dicey proposition in some cases. A third DWI offense may be charged as a third degree felony, carrying a penalty of up to ten years in prison and a $10,000 fine. Newly enacted laws sanction those convicted of DWI with surcharges that must be paid in order to maintain your driver's license. These D.W.I. conviction surcharges are added to any court imposed sanctions. It is now more important than ever to avoid costly D.W.I. convictions.

Know Your Rights:

• Right to Remain Silent:  You have a right to remain silent. You do not have to answer any questions that a police officer asks you during a DWI encounter. You are being videotaped. Everything you say and do could potentially be seen by a jury deciding your fate.
• Breath and Blood Tests:  You have a right to refuse blood and breath tests offered to you by law enforcement. You are not required to blow into the hand-held device that some officers now carry. This hand-held device has not met the criteria required to be admissible in court. There is no criminal penalty for refusing a blood or breath test. There is a potential driver's license suspension for refusal to provide a "breath specimen." If you elect to refuse, do so politely. Remember, you are being filmed.
• The Right to a Jury Trial:  You have a right to a lawyer, a jury trial and a presumption of innocence. You are innocent UNLESS proven guilty. For many individuals accused of DWI, this experience is the first with the legal system. There is no guarantee of probation after a jury trial, but most misdemeanor DWI cases result in probation, even after jury trial. You and your lawyer should approach your case as one that needs to be tried. Each case must be assessed individually, of course. But, the DWI defendant is uniquely situated in the world of criminal law. DWI is an opinion crime and many times a jury of one's peers is required to sort out fact and fiction.

Possible Suspension of Driver's License:
These days, an arresting officer is legally authorized to literally take your license away from you at the station because he suspects you are Driving While Intoxicated. He is required to issue you a Temporary Driving Permit. In the slew of papers you receive upon release from jail, there is a form that attempts to explain that you have a right to a hearing regarding the suspension of your driver's license. YOU OR YOUR LAWYER MUST REQUEST THIS HEARING WITHIN 15 DAYS OF YOUR ARREST DATE or the hearing is waived and your license will be suspended automatically. This hearing can be invaluable in the litigation of your case.

If you or someone you know in Texas needs the assistance of an experienced San Antonio DWI Attorney, call Sam Lock today at 866-611-3267, or complete the contact form provided on this site to schedule your free consultation.

Not Certified by the Texas Board of Legal Specialization.