Kingsville, TX DWI Law Firms & Lawyers

There is nothing you can do at this point but wait to see what happens. However, if you do get a charge of DUI contact an attorney and explain what you have posted here online. The police must provide you with certain rights before giving you a breath test and it certainly doesn't sound like they were given. If you get the DUI charge call me or another attorney as soon as you receive it.

Whether you will be sentenced to jail depends on your particular Court and assigned Judge, and the facts/circumstances of the incident, and your past criminal history. I would kindly but strongly recommend you consult with a local DUI attorney to present all your best arguments.

Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.