If you have been pulled over on suspicion of driving while intoxicated, there are ways to beat the arrest. Knowing the law as well as what you do or do not have to do when questioned by the police are the best ways of avoiding an arrest for DWI. Flower Mound Attorney Chris Abel knows how to beat a Texas DWI and has been helping his clients avoid jail time and other serious penalties for years.
If you have been pulled over on suspicion of DWI, you are fully within your rights to refuse to answer questions from the police. You are required to show proof of a driver’s license and insurance for the vehicle, but you are under no obligation to answer any questions regarding your whereabouts or activities. Be polite and courteous with the officers, but at the same time firmly refuse to answer any questions about where you have been, where you are going, or whether you have had anything to drink that day.
There is nothing in Texas law that states that you must participate in breath or blood testing if you have been pulled over under suspicion of DWI. You are under no obligation to cooperate or participate in any chemical testing and can refuse the police officer’s request that you take a breathalyzer test or a blood test at the police station.
In fact, most experienced DWI attorneys recommend against taking chemical tests because even if you are under the legal limit, the police can find a way to use the results of the tests against you. If your blood alcohol level is lower than the legal limit, or even at zero, the police can still use the results of the tests to accuse you of being under the influence of drugs.
Texas is considered an “implied consent” state, which means that you consent to chemical testing simply because you are behind the wheel. Because of this, your driver’s license can be suspended if you refuse to submit to chemical testing during a DWI arrest. However, there is still a way for you to have your driver’s license reinstated within a matter of days after your arrest.
In addition to the criminal proceedings for DWI, there is also a civil hearing available known as an Administrative License Revocation hearing (ALR) that determines whether your driver’s license will be suspended. You have fifteen days from the date of your arrest to request an ALR hearing, and if you do not request a hearing your license is automatically suspended.
Without an ALR hearing, your license may be suspended anywhere from 180 days to two years for refusing to submit to chemical testing for a DWI. However, if you attend the hearing you can get your license fully reinstated or, at the very least, be issued an occupational license that will allow you to travel from work to home and perform essential household duties without fear of arrest.
You can be pulled over for a DUI, refuse to take sobriety tests, and still have your driver’s license back in a matter of days if you have an experienced DWI attorney by your side. If you or someone that you know has been arrested on suspicion of DWI in Tarrant County or Denton County
,call or contact Chris Abel immediately. Contact us today to discuss the specifics of your case and to learn how Mr. Abel can help.