If you’ve been arrested for Driving While Intoxicated, you need to move fast…
For purposes of this post, it doesn’t matter how or why you were stopped by the cops. I will talk more about that in later posts. All that matters is that you were arrested for Driving While Intoxicated. Whether it was the right decision by the police or you were completely sober (yes, this happens), the initial, knee-jerk reaction is to think about your new criminal charges.
That is a mistake. In every DWI arrest, there are really two cases that you have to fight – criminal charges and a potential license suspension. While the criminal charges are serious in their own right, if you don’t immediately address the license issue, the Texas Department of Public Safety (“DPS”) could suspend your license up to 180 days as a result of your DWI arrest. If you refused – and you should – a blood or breath test when asked by law enforcement, you must request an ALR hearing within 14 days or your arrest. Failure to do so could lead to a 180 day license suspension. Take the stress out of this fast-approaching deadline and let Gallian Firm do it for you.
Here at Gallian Firm LLC, I aim to answer all of your questions and worries in the first meeting. Use the form on this page to set up an appointment and, before you come in, write down all of your biggest questions, and let me answer them for you.
Let me fight for you.
Texas Penal Code – Section 49.04
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.