DWI FAQs Charged With DWI? Protect Your License Before Time Runs Out

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
  • 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
    • 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.

    • Case Dismissed/Charges Reduced DWI With Child Passenger - Felony

      Our client was accused of being intoxicated while having her 8 year old in the vehicle with her, a third degree felony in Texas. To make matters worse the investigation had been initiated after our client had crashed into two parked cars and the first thing officers noticed were the two previous DWI’s our client had.

    • 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.

    • Motion to Suppress Granted; Case Dismissed DWI 2nd .209

      Our client was charged with Driving While Intoxicated – 2nd Offense with a BAC of .209. The police pulled our client over for allegedly crossing over lane lines and causing another car to swerve out of the way. We challenged the legality of the police’s warrantless stop of our client with a Motion to Suppress Evidence and had a contested hearing wherein the Officer testified.

    • Dismissed Intoxication Assault

      Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

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