DWI FAQ

Get the Facts From San Antonio’s Leading DWI Attorney

- I Got Arrested, What Should I Do Now?
  Contact a bondsman.
  If your car has been towed, retrieve it from the tow yard.
  Write down the details of what happened during your interaction with the police. This will help with your case.
  Hire an experienced DWI attorney! Don’t want to wait too long. The deadline for filing for an ALR hearing on your driver’s license is 15 days after your arrest. It is best to have a lawyer request that hearing for you. This is where a good DWI defense begins.
- I was charged with DWI; should I get a lawyer?
  
  Absolutely! DWI cases are complicated and have very serious consequences. You need someone to help you through the experience and explain what your options are.
- Can a police officer ask me questions without reading me my rights?
  
  The officer is allowed to ask questions without reading you your rights before placing you under arrest – but you are under NO obligation to answer them. I recommend that you be as polite as possible, and saying something like “Police officers make me nervous, am I free to leave?” is a good way to get out of a conversation with an officer. Remember: you always have the right to remain silent.
- Do I have to take a blood or breath test?
  
  No, but choosing not to give a sample can result in a suspension of your driver’s license. Luckily, I can fight that suspension later.
- How do the police decide if a person is intoxicated?
  
  Some officers arrest on smell alone; most will rely upon complicated Standardized Field Sobriety Tests. If you choose to do these tests, make sure you listen closely to the instructions and remember: you can always ask questions.
- How many drinks do I have to drink to be intoxicated under the law?
  
  The legal limit for intoxication in Texas is .08, but how many beers or shots it takes for a person to get to .08 depends on factors like age, weight, sex, and what you had to eat that day. For many people, drinking just two drinks in one hour will put them over the limit. Just one drink an hour after that can keep you there.