Valley Spring, TX DWI Law Firms & Lawyers

Things are getting a bit confusing. I would suggest that you engage an attorney for both charges as quickly as possible. Are welcome to call my offices with all of the details and for an appointment.

Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction. Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties. Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail. So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.

Your license can be suspended 2 ways from a DWI arrest: 1) Administrative License Revocation (ALR)- If you are arrested for DWI and refuse a breath or blood test, your license can be suspended 6 months; if you voluntarily provide a sample, it can be suspended for 90 days. You can request a hearing on the license revocation within 15 days of arrest or it is waived. If no hearing is requested, the suspension starts 45 days after arrest. If you request a hearing, your license may not get suspended - you would need a lawyer for this.   2) DWI conviction- 1st offense DWI conviction your license can be suspended from 90 days to 1-year.   If your license is suspended, you can obtain a license to drive during the suspension (occupational drivers license).