Immediately! You have only 15 days from your arrest to request a hearing on your driver’s license. You need an attorney skilled in representing persons charged with DWI and who actually try motion hearings, litigate jury trials, and ALR proceedings. This is important because a DWI can adversely affect your life and your future.

Yes, you have the right to refuse the test. Be aware that the fact that you refused the Breath test may be used against you in your DWI trial and may result in a more severe license suspension. But, unless you are 100% certain that you will pass, you probably should not take the Breath test.

No, by no means. There are numerous things the officer administering the test must do while giving you a Breath test. More importantly, juries can still return a “not guilty” verdict even with a Breath test.

Not necessarily. In fact, the video tape can often aid in your defense. You may look better than you thought, and the officer may have not done what he is trained to do. Typically the officer administers the standardized field sobriety tests, which means they must be demonstrated, instructed, and performed the same way every time. An experienced DWI attorney can usually make the tape work for you.

In Texas, intoxication can be proven one of three ways: (1) 0.08 or more, (2) not having your normal mental faculties, OR (3) not having your normal physical faculties. Typically, when you are requested to take a Breath or Blood test, you were already under arrest. At this point, the Breath test is merely a formality.

First off, if the Administrative License Review hearing is requested within the first 15 days, your driving privileges are restored until the ALR judge makes a determination to suspend your driver’s license. At that point should the judge suspend your driver’s license, you may be eligible for an occupational driver’s license which will enable you to travel to and from work.

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