Little Elm, TX DWI Law Firms & Lawyers

Sadly, you can't know the answer for sure until your case is either won or lost or ends in an acceptable plea bargain. Since second and subsequent convictions carry jail time (including a minimum period of incarceration) many people think it's worth fighting. But why not consult with an experienced OWI lawyer and see what she or he says about your possible defenses?

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.

There's no question he should fight that case. The medical records can be used to try and compel the DA to dismiss the charge. If they refuse to dismiss, those same records can be used to embarass them at trial. No way in the world he should take a plea on those facts. Never.