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Driving While Intoxicated
DWI 1st offense
Class B Misdemeanor
DWI 2nd offense
Class A Misdemeanor
DWI with BAC above .15
Class A Misdemeanor
DWI 3rd (or more) offense
3rd Degree Felony
DWI w/child in vehicle
State Jail Felony
If an officer suspects that a driver has had too much to drink, she will conduct "Standardized Field Sobriety Tests" (SFSTs). There is no law requiring a driver to participate in these tests, and since they are difficult for anyone unfamiliar with them, it is a good idea to refuse--respectfully. The officer will have to determine if he has probable cause to believe the driver is intoxicated, and if so, will arrest the driver. If you have been arrested for DWI, you need a defense lawyer right away. You only have 15 days to request a hearing on your driver's license suspension, or you lose the right to contest the suspension.
A good DWI defense lawyer will analyze many steps in your case:
1) Did the officer have a lawful reason for stopping you? 2) Did the officer deal efficiently with the reason for the stop, or delay just to see what he could find?
3) Were any constitutional rights violated with the search or seizure of you and/or your car?
4) Did the officer have probable cause to arrest you?
5) Did he question you without reading your rights?
6) Did you act and sound sober?
7) Did you understand and follow instructions like a sober person?
8) Did you consent to a breath or blood test? (Don't.)
9) Did the officer have a warrant to get your blood? (He must if you don't consent.)
10) Are there any issues with the warrant?
11) Are there issues with the blood sample or the way it was tested? And on and on...
If you are arrested for DWI in New Braunfels, San Marcos, Seguin, Lockhart or anywhere in Texas, the consequences are harsh, so it must be taken seriously. Call Schoon Law Firm for a free evaluation of your case.