An arrest for DWI initiates two separate legal processes against you. Primarily, you have a criminal charge against you that can affect you for your entire life. The criminal court can assess jail time, high fines, and suspend your driver’s license. At the same time as this criminal charge though, the Texas Department of Public Safety is going to try to administratively suspend your ability to drive because of either a refusal to provide a breath / blood test of for a test result being over the legal limit of 0.08.
The criminal charge of DWI is at a minimum a class B misdemeanor. Simply having been arrested and accused of DWI allows the court to place bond restrictions on your life that are nearly like being convicted and placed on probation. Do not be discouraged by this; you are legally innocent unless the evidence can prove you are guilty. Even clients of the best DWI lawyers in Houston must often face inconvenient and costly pre-trial bond conditions.
You will in most cases have to appear in court about once per month over the course of a few to several months. While attending court you may be required to follow strict rules called Conditions of Bond. One of the universal rules is that you cannot consume alcohol while you case is pending. Consumption of alcohol may result in revocation of your bond and arrest. If you need help abstaining from alcohol use, be honest with your lawyer.
DPS Administrative Suspension
If you refused to submit a breath or blood specimen to an officer, or if the police have a breath or blood test result over 0.08, DPS will attempt to suspend you from driving. This suspension will be automatic if you allow 15 days to pass after your arrest without properly requesting a hearing to fight it. Your DWI lawyer will request this hearing properly and prevent automatic suspension. The Law Office of Jim Medley can help you with this process. Once this hearing is requested, DPS cannot suspend you until we have had a chance to fight them for your license.
You will not need to worry about scheduling or appearing at the license hearing. This is one part of the process that your Houston DWI lawyer can take care of without you being there.
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