What Happens If You Refuse a Blood or Breath Test?
When you were arrested, if you refused to take a blood or breath test, or if you submitted to a breath or blood test - that indicated a BAC great than .08%, the police probably confiscated your license. The back of the yellow statutory warning forms they gave you (or should have given you) informs you that you have the right to challenge the suspension of your driver’s license by requesting an ALR hearing within 15 days of your arrest.
If you do not make this request or fail to make it within the prescribed period, you cannot operate a motor vehicle anywhere from 90 to 180 days for a first-time offense unless you have petitioned for and received an Occupational Driver’s License (ODL) from the court. If you do not seek an ODL and you choose to drive during the period of suspension, you are committing another criminal offense at the class B misdemeanor level, equal to a first-time DWI offense. If you are caught, you will be re-arrested and must post bond all over again and have yet another charge to face in court.
Can You Still Drive After a DWI in Texas?
If your license is suspended in conjunction with a DWI arrest, you have no right to operate a motor vehicle, period. As noted above, an arrest for driving while your license is suspended (DWLS) falls into the same penalty category as a first-time DWI offense. If convicted of DWLS, you face a minimum driver’s license suspension of one year (on top of any suspension you are already serving), plus you will have to pay additional fines and court costs, and you could be sentenced to as much as six months in jail. Contact us to see if you are a candidate for an ODL. An ODL is a provisional license granted by the court that allows you to drive legally during the suspension period.
Should I Accept The First Plea Bargain Offer?
Usually, the first plea offer made by the prosecution on a DWI case is not a “bargain” at all. It is just a way for them to get a conviction on your case with virtually no effort on their part. Do not have any delusions that your case will be dismissed or possibly reduced to some lesser-included, non-alcohol charge – you have a better chance of winning the lottery. By taking the first plea offer made by the state, you will probably wind up paying higher fine amounts, having more community service hours to do, and a longer period of probation to deal with than a seasoned trial attorney would have been able to negotiate on your behalf.
Remember, you pose no threat to the district attorney. You do not know how to handle a criminal case, and the prosecutor knows this, so he or she has no incentive to offer you a great deal. An experienced McKinney DWI lawyer – especially a seasoned trial attorney with a proven track record of success – will almost always be able to get you a significantly better plea offer.
Consequences of Missing a Required Court Date
If you miss a required court date, even if your McKinney DWI lawyer is present on your behalf, the judge will revoke your bond (including cash bonds) and issue a warrant for your arrest. So, the next time you are pulled over for some minor traffic violation, instead of just getting a ticket, you will be taken to jail, booked again, and have to post yet another bond, usually at twice the amount of the original one, in order to guarantee your future appearance in court.
Communication Between You and Your Attorney
All communications between you and your DWI attorney in McKinney about the facts of your case are considered privileged and are protected under the law. Nobody is entitled to know what you tell your attorney. However, anything you say to a friend, a co-worker, or an acquaintance is not privileged and can be used against you in subsequent proceedings.
DWIs are expensive, cumulative, and complex in nature. You need an experienced McKinney DWI attorney who knows the law, the judges, and the prosecutors to handle it for you. Even if you decide not to hire Underwood & Associates, you should find and retain an attorney with whom you feel comfortable, who you trust, and who you believe will represent your best interests. Take it from us – you will be glad you did!
What Happens on 2nd DWI in Texas
In the event of a second DWI offense (DWI-Repeat Offender), the penalties are severe. As a Class A Misdemeanor in Texas, a second offense of DWI is a criminal offense.
- Penalties: Fines up to $6,000.00 and jail terms up to 12 months are the maximum penalties. It is a permanent offense, carries a 3-day jail sentence (even if probation is granted), and suspends the driver's license.
- Interlock Device: All DWI 2nd charges require an ignition interlock device as a condition of bond. This means that as a condition of release from jail, a person must agree to install a deep lung device in all accessible vehicles.
- Enhancements: DWI charges can also be enhanced by certain factors. The enhancements result in harsher penalties, including longer terms of incarceration, thousands of dollars in fines, and the loss of basic constitutional rights.
Contact Our DUI Attorney Today
Will Underwood knows the intricacies of DWI law. He understands the science behind the testing instruments, the techniques utilized by the police to create an appearance of intoxication, and the courtroom tactics employed by the prosecutors. The depth and breadth of his knowledge, experience, and expertise in this area of law place Will Underwood in a unique position to provide the best possible defense to those charged with a DWI offense.
Whether it’s your first DWI offense in Texas or you have already received multiple DWI charges, it’s extremely important to hire our McKinney DWI lawyer to represent you and fight for your rights. At Underwood & Associates, we can also help keep you apprised of what happens when you get a DWI in Texas and what to expect next in the process.
Contact Underwood & Associates today to get started on your defense with our McKinney DWI attorney.
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