FAQ About Texas DWI
Get Answers From Our San Antonio DWI Attorneys
A DWI arrest will inevitably lead to questions and concerns about your case. Addressing those questions will help you to better understand your situation so that you can make informed choices about how to proceed. Our San Antonio DWI lawyers can answer your particular questions when you arrange for a free consultation. However, the following are a few of the frequently asked questions that clients have concerning DWI.
We hope you will review them and call our offices at (210) 960-9557 for further information about your specific situation.
What is probable cause and how is it used in a DWI arrest?
Probable cause gives police officers a justification for stopping a driver, making an arrest, or conducting a search of the driver and/or his or her vehicle. Without probable cause, a police officer has no reasonable grounds for these actions. As an example, an officer may witness a driver violating traffic laws, such as failing to stop at a stop sign, running a red light, drifting into other lanes of traffic, and other suspicious driving behaviors. These behaviors give the officer probable cause to stop the driver for suspected DWI. Challenging an officer’s probable cause, however, is one aspect of DWI defense.
In what way can you challenge field sobriety tests?
To be valid, field sobriety tests must be administered and evaluated by a law enforcement officer who has been fully trained to administer them. One way to challenge these tests is to show that they were not administered correctly. For example, if you “failed” the walk-and-turn test because the ground was uneven or because you were wearing high heels, the test results can be challenged as faulty. Another way to challenge field sobriety tests is to show that the arresting officer lacked formal training in their administration or that he or she “failed” you based on an inaccurate evaluation of your performance.
If I failed the breath test, isn’t that an automatic conviction?
No. Breath testing can be challenged as evidence in many different ways depending on a number of factors. Even a breath test showing you were above the legal limit of .08 percent blood alcohol content is not a given. The test result could be incorrect or inadmissible. That is why our San Antonio DWI attorneys carefully evaluate these tests. These evaluations can help us devise the best way to challenge them in your defense.
Why is it so important to call an attorney right away?
It is important to involve an attorney in your case as soon as possible after any DWI arrest so that your legal rights are protected from the start. By doing so, you are exercising your right to remain silent and your right to legal representation. Because DWI is a serious legal matter, your best defense against a conviction is to take advantage of a professional who deals with these matters routinely and who fully understands what can be done to optimize your case.
Will I lose my license?
An automatic license suspension will be initiated by the Texas Department of Public Safety after any DWI arrest. However, you will have 15 days from the date of the arrest to request a hearing before a judge to challenge the loss of your driving privileges. This hearing is a civil matter that is separate from criminal proceedings. Smith & Vinson Law Firm has handled many of these hearings for our clients and we recommend that you involve one of our San Antonio DWI lawyers to do this in your case as well. Our firm has the knowledge and resources to potentially help you avoid a license suspension. We are extremely skilled in challenging evidence and arguing cases.
Have more questions? Get additional answers by calling Smith & Vinson Law Firm at (210) 960-9557 today.
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Hear What They Have to Say
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Throughout the whole process, I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened.- Ronald D.
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Aggravated Robbery
Our client was accused of robbing another person at gunpoint for some sneakers along with a co-defendant and getaway driver. We investigated the evidence and discovered that it was the co-defendant who arranged for the purchase of the sneakers, and that surveillance video disproved the State’s theory that a gun was brandished or that our client knew what was going on.
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Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
Our client was accused of restricting his wife’s airway with a plastic bag. His wife, who had been a chronically unfaithful and emotionally abusive alcoholic, provided a video to the State to try and get our client charged with a felony.
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Dismissed DWI
Our client left 6 th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer. The Prosecutor was initially unwilling to negotiate, but we found favorable evidence on the dash cam video, which lead us to question the validity of our client’s consent to take a breathalyzer test.
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Charges Rejected Assault Bodily Injury Family Violence
Our client explained to us that they hadn’t lived in the Country for that long and his wife had called police as a way to resolve a non-physical dispute they had. Police arrived and immediately noticed bruising that they tried to pin on Our Client as well as other marks.