If you have been arrested for a DWI in Hays County, you may feel frightened, confused, or stressed out. Not being aware of the DWI laws in Hays County can have a serious effect on your future. A DWI conviction can negatively impact your employment, relationships, and your entire future. The key to handling your arrest is to get your charges reduced or dismissed. It is the goal of the attorneys at Stephen T Bowling: DWI & Criminal Defense Attorneys to work to get the most favorable outcome for you as our client.
The first step after your arrest is to call us or call a family member and ask them to call us. We are available twenty-four hours a day, seven days a week. We will evaluate your case free of charge and recommend next steps. Our staff is experienced in handling Texas DWI cases, so you can trust us to work on the best solution for your case.
You Need To Call As Soon As Possible To Avoid Suspension Of Your License.
In Texas, you have only 15 days to schedule a hearing with the DMV. Failure to do so in that period of time will result in the automatic suspension of your license. If you do not schedule that hearing, usually on the 40th day from the day of your arrest, your license will be suspended. Requesting the hearing, something we do for every DWI case that we handle, can delay or dismiss the suspension. If your license is suspended, we can attain for you an occupational driver’s license that allows you to drive to and from your job and run household errands for up to twelve hours.
What Is Probable Cause In A DWI Arrest?
In Texas, an officer must have reasonable suspicion to make contact with the driver of a vehicle. There are a number of things that may constitute “reasonable suspicion.” The officer may have witnessed a traffic violation, gotten a tip from a concerned caller, or they may say that they were checking on a person via the community caretaking doctrine.
Once the officer has made the traffic stop, most of the time he will claim he witnessed the smell of alcohol, justifying further investigation. The officer will begin gathering information to support probable cause to make an arrest. Though “probable cause” has no legal definition in Texas, we define it as: the set of facts and circumstances that would lead a reasonable and prudent person to believe a crime has been or is about to be committed.’
Some of the things that an officer may ask are:
- Have you been drinking?
- Where have you been?
We advise our clients to refrain from answering any questions, unless of course, you have not consumed any alcohol. We advise you not to lie, but rather state that an attorney has advised you not to answer. If your case goes to court, these admissions can be used against you in your trial.
The officer may have you get out of the car where they can visually observe your actions and reactions, and ask you to take the Field Sobriety Test. These tests may be administered by observation of:
- Horizontal Gaze Nystagmus (HGN) The officer will have you follow his finger or an object with your eyes.
- Walk-and-Turn Test The officer has you walk in a straight line, heel to toe, turn and walk in the opposite direction.
- One Leg Stand You may be asked to stand on one leg for a period of thirty seconds, so the officer can assess your balance.
Our attorneys suggest never taking the Field Sobriety Test as there have been proven flaws in the testing and the results can be used against you.
You may also be asked to use a breathalyzer to test your breath for blood alcohol content, or to give a sample of your blood for testing. Again, these tests may be flawed, and though the results could be misleading, they could be used against you in court.
How Long Will A DWI Conviction Stay On Your Record?
A Texas DWI will remain on your record permanently. So if you are convicted of a DWI and decades later have a second arrest, this will be considered your DWI-2nd. A DWI-3rd conviction is a felony, regardless of the time between the convictions.
DWI arrests are stressful and can be life-altering. They can affect your personal relationships, professional status, and impact you financially. For those reasons, and more, it is critical to be represented by an experienced legal team, who will fight tirelessly for your exoneration or dismissal or reduction of charges.
How Is A DWI Proven?
DWI is defined by the Texas Penal Code 49.04 as follows: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. The state must prove without reasonable doubt that the case meets all the criteria to classify it as a DWI.
How To Get Help For A DWI Arrest in Hays County (Texas)
If you have been arrested for a DWI in Hays County (Texas), call the offices of Stephen T Bowling: DWI & Criminal Defense Attorneys as soon as possible. Your future can be greatly impacted by a DWI conviction, so it is crucial to call immediately. Our experienced team is available at all hours, so we can get to work gathering information and preparing your case. We offer a free case evaluation where we can answer your questions and suggest possible strategies. We will work to schedule a DMV hearing in order to avoid suspension of your license. And we will provide the expertise to handle your case as smoothly and stress-free as possible.
We know that if you have a DWI arrest in Hays County, you may feel scared, embarrassed and concerned for your future. At Stephen T Bowling: DWI & Criminal Defense Attorneys, we will work diligently to provide the best possible outcome for your case. Contact us today to get started!
