Steps After a DWI
Charged with a DUI or DWI in South Texas? Learn what steps to take after a DWI charge. Watch this video. Then call for a free consultation with one of our experienced San Antonio Criminal Attorneys.
Question: What are the steps after a DWI arrest?
In a DWI in Texas, the first thing that you need to do is request a hearing with DPS. That DPS hearing request has to be within 15 days. If you do not do that, you will lose your driver’s license. The hearing request is usually done by the lawyer, so what you need to do is have the lawyer hired within 15 days, and the lawyer will make the request for you. At that hearing, the DPS will try to take away your license for 90 days if you took a breath test or blood test voluntarily. If you did not take the blood test or breath test voluntarily, they’re going to try to take it away for 180 days. If you make the request to contest a hearing, then you have a chance of keeping your driver’s license.
If we make the request, have the driver’s license hearing and still lose the driver’s license hearing, we can get you an occupational license. An occupational license will allow you to drive. You won’t really notice a difference in your driving habits or how you have to drive, but that’s the first and probably one of the most important things you need to do with a DWI arrest. After that, your lawyer will make a request for videos, police reports, blood tests, or breath tests. We collect all the evidence, and then we sit down and discuss with the client what they want to do. What are the options? Very often, the options are for trial or for hearings. We do that to get a better result than we could in a plea bargain.
Ultimately, it’s the client’s choice on what route to take. What I normally do is make the request for the DPS hearing, have the hearing, and then from that hearing we’re able to collect evidence to determine what your options are. After we determine the options, then we set the ball rolling, we set the case for trial, we set it for hearing, and very often, you end up with a better result than you could have imagined.
Were you or a loved one arrested for drunk driving and have questions about the steps after a dwi arrest? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
Successful Case Defending a DWI Charge
Roland M. – Defendant was stopped going 94 mph. The arrested officer determined that the defendant was intoxicated. The defendant volunteered to take a PBT which came back as .135. The defendant also consented to a breath sample at the police station that registered a .11. The subpoenaed arresting officer did not appear at the DPS hearing so that the Defendant did not lose his license. The Defendant was able to enter a pretrial diversion program so that the DWI case will ultimately get dismissed and expunged.