Rockwall, TX DWI Law Firms & Lawyers

This is a common misnomer. People believe that if a case is dismissed it is not on their criminal record. In Massachusetts a "court record" is created once a complaint issues. A "criminal record" or CORI is created once a defendant is arraigned on the charges. The charges may ultimately be dismissed, but the dismissal is reflected on the CORI. The importance of a dismissal is that one can honestly state that they were never convicted of the crime charged. To clear your record in Massachusetts one must seal their record. Sealing a record does not necessarily mean that someone cannot find that you were arrested. If one is arrested and fingerprinted in Massachusetts all fingerprints are sent to the FBI. That creates an arrest record which is difficult to seal. If you have concerns about your record consult an experienced criminal attorney.

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.