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.
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.
Cases Rejected Pre-Indictment Three Counts of Aggravated Assault of a Deadly Weapon
Our client was sitting on his balcony when he saw his neighbors in the parking lot mistreating an animal. He told them to stop, and the threatened him. He went inside to retrieve his firearm, but he never threatened the neighbors back.
Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.
Cases Dismissed Trafficking of a Person and Aggravated Promotion of Prostitution
Our client was accused of running a prostitution ring out of a massage parlor and trafficking an unwilling participant as part of the operation. The alleged victim had never been instructed to perform any sexual favors and accused our client after she felt she was owed extra wages.
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
Dismissed Assault Family Violence
During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.