San Antonio DWI Attorney
There are some facts about DWI that you should know and consider when being pulled over by a police officer. It may be very difficult to control your emotions during this time but it is very important to remain calm.
- Have your driver’s license and insurance readily available.
- Do not attempt to get out of the car
- Be very respectful and don’t argue with the police officer
- Have your hands up in plain sight where the officer can see them.
The big debate:
TO BLOW OR NOT TO BLOW
Here are the facts:
- Your Texas driver’s license is a privilege, not a right. Once you receive your license you have given your implied consent to having your blood, urine, or breath tested.
- You still may refuse any and all tests. This will result in your license being suspended and you will most likely be taken to jail.
- Any BAC result over .08 is ‘per se intoxicated.’ Even harsher penalties in Texas for BAC results over.15
- Penal Code
- §49.09(g) – For second or subsequent offenses or >.15 B.A.C.: The court must order offender to install ignition interlock devices on all of the motor vehicles he owns for 1 year following a period of license suspension.
The best way to handle the situation is to admit NOTHING, stay calm and quiet, and request the right to your attorney.
The most harmful mistake you can make in a DWI situation is not contacting an attorney soon enough. It is imperative that you contact an attorney within 15 days of being arrested to set an ALR (Administrative License Revocation) hearing.
DWI 2nd Offense:
Texas Penal Code Section 49.09. ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
Contact me today for your free consultation.