Know Your Rights
Arrested? Call a DWI Lawyer in Austin!
Being arrested for and charged with DWI can be one of the most frightening experiences in one’s life. The implications of the arrest, and the circumstances leading up to it, and the pressure to prove innocence can all be overwhelming the heat of the moment. If you find yourself in that situation, it’s important that you know and understand your rights when it comes to DWI arrests in Texas.
Talk to an Austin DWI about your case today: (512) 595-7080.
What You Should Know
Some important things to keep in mind regarding your legal rights are listed below:
- You have the right to refuse to submit to a field sobriety test: Law enforcement cannot force you to submit to field sobriety tests and there are no penalties if you choose refuse the officer’s request. However, keep in mind that your refusal may come across to the officer and to a jury as a sign of impairment.
- You have the right to refuse a breath test, but it comes with consequences: When a police officer asks you to submit to a breath test to measure your BAC, you do have the right to refuse. However, if you do refuse, according to the state’s “implied consent” laws, your license will be automatically suspended regardless of whether you actually had a BAC over the legal limit.
- A police officer must obtain a search warrant before conducting a blood test: In a recent decision by the Supreme Court of the United States, it was concluded that conducting a blood test to measure an individual’s BAC must be done so after acquiring a proper search warrant in accordance with the U.S. constitution’s 4th amendment protection against unlawful search and seizure. The police officer cannot force you or conduct a blood test on you without first obtaining a search warrant from a sitting judge .
- You can contest your license suspension at an ALR hearing: If your license was suspended due to your refusal to submit to a breath test, or because you failed the breath or field sobriety test, you must request a hearing with the administrative court within 15 days for a chance to contest the suspension. Unless you do so within 15 days, your license will be suspended for up to 90 days regardless of whether you are charged or convicted of DWI in criminal court. At this hearing, you and/or your DWI defense attorney can argue for your innocence and if the judge finds in your favor, your license will be reinstated.
Your Right to Representation
Finally, and arguably most importantly, you have the right to seek legal representation for your DWI defense. In fact, contacting a DWI defense attorney should be one of the first things you do following a DWI arrest.
If you are facing a DWI charge in Austin, Stephen T. Bowling, Austin DWI Attorney wants to provide you with legal defense you deserve. Start fighting your case today and contact us for a free case evaluation.
If you’re unsure of something specific that occurred during your DWI arrest, contact an Austin DWI lawyer at (512) 595-7080.