DWI Common Questions
Counsel from a san antonio dwi attorney
Have you or a loved one been charged with a DWI? There may many questions you might have during this potentially uncertain time. You should find the counsel of an experienced criminal defense lawyer in San Antonio. Tylden Shaeffer has been handling DWI and other alcohol-related cases both as a prosecutor and a defense attorney since 1991 in Texas.
What does “blood alcohol content” mean?
Blood alcohol content (commonly abbreviated as “BAC”) refers to the level or concentration of alcohol found in a person’s bloodstream. This is used as a measurement for determining whether a person is intoxicated while they are operating a vehicle.
How do police officers test for “blood alcohol content”?
There are several ways police officers can test for a person’s blood alcohol content. One way is the use of a breathalyzer device; the Intoxilyzer 5000 breath test machine. Officers are also able to use blood testing in many jurisdictions.
Can I refuse this test?
You always have the right to refuse to give a sample of your breath or blood. However, many agencies are now set up to obtain an expedited search warrant to obtain a sample of your blood. If you have been arrested in Texas, you impliedly consented to being tested when you obtained a driver license. This is the law of implied consent. What this means to you is that should you refuse to give a sample of your breath, the State of Texas is able to move to suspend your driver license or your privilege to drive in Texas. Nevertheless, should you consent to give a sample of your breath, and the machine shows you are over the legal limit, your license or privilege to drive could be suspended—although a suspension would be for a shorter period of time.
Can I go to jail for DWI?
The penalties for a DWI vary from situation to situation, and depending on the circumstances of your charge, jail time is a legal possibility. But an experienced attorney will work to try to reduce the severity of negative criminal consequences. Read more about this on our helpful DWI defense blog.
Will a DWI conviction stay on my record for life?
Yes, a DWI conviction will stay on your record for life. It cannot be sealed or erased.
What will a first offense DWI conviction result in?
A first DWI conviction may result in fines, jail, a driver’s license suspension, fines and alcohol awareness classes.
What will happen to my license if I am arrested for DWI?
If arrested and charged with DWI, your license will be confiscated by the arresting officer and a temporary driving permit will be issued. You or your lawyer will then need to schedule a hearing with the DPS regarding your license suspension.
When do I have to schedule an ALR (Administrative License Revocation) hearing?
You must schedule a DPS hearing with the Department of Public Safety within 15 days of your arrest or your driver’s license will be suspended on the 40th day following arrest.