Dallas - Fort Worth DWI/DUI Defense Lawyer FAQ
Fort Worth Drunk Driving Defense Attorney
DWI/DUI Defense in Texas
Your rights:
- I have been arrested for a DWI, when should I get an attorney?
- Can I fight DWI charges?
- As a DWI defendant, what are my rights?
- What can I expect from my Dallas - Fort Worth DUI lawyer?
- What must the prosecution prove for a jury to find me guilty in a DWI trial?
- Does the ALR affect my criminal case?
General:
- How does the state define intoxication?
- What does Blood Alcohol Concentration mean?
- What are “normal mental and physical facilities?” And who is “normal?”
- Does the 0.08% BAC apply to the time I tested or the time I was driving?
- How high does a BAC have to be for a minor to get a DUI?
- What do officers look for as indications of drunk driving?
- How can I avoid getting a DWI?
During the stop:
- What should I say when I am pulled over on suspicion of DWI?
- What sort of violations of my rights may occur during a DWI arrest?
- Can someone get a DWI if they are not driving a vehicle?
- Can I drink alcohol while driving?
- Can I still be charged for a DWI if I was using drugs, not alcohol?
- No one told me my Miranda Rights. Can I get my charges dropped?
Testing:
- When an officer requests I take a Field Sobriety Test, what should I do?
- Are Field Sobriety Tests accurate?
- What can affect a person’s performance during a Field Sobriety Tests?
- I think I passed my Field Sobriety Test. Why was I still arrested?
- If asked to, do I have to take a breath, blood, or urine test?
- Are breath tests accurate?
Sentencing:
- Will I go to jail if I am convicted of a DWI?
- Will I lose my license if I am convicted?
- Will I have to get an ignition interlock device installed in my car?
- What will happen to me after my first DWI?
- How long does a DWI arrest stay on a person’s record?
- How does a DWI conviction affect my insurance?
Your rights:
- I have been arrested for a DWI, when should I get an attorney?
Immediately. Call an attorney from The Law Office of D. Robin McCarty as soon as you can. We will actively work to protect your rights and keep you out of jail. Additionally, you only have 15 days to file for an Administrative License Review before your driver’s license is suspended, so call now. - Can I fight DWI charges?
Absolutely. The police officer may act as though you have already been proven guilty, but that’s not the case. There are many defenses in a DWI case including testing inaccuracies and delayed testing time. Do not settle for a guilty verdict without first consulting an expert Dallas - Fort Worth DWI attorney.
An officer typically pulls potential DWI suspects over because of either a traffic violation or because the driver is exhibiting some driving characteristic that the officer believes is possibly caused by intoxication. More often than not, it's because the vehicle is "swerving" either inside or outside it's lane of traffic. First of all, there are many reasons, other than intoxication, for a vehicle not driving exactly straight down the roadway.
Some factors may be,
- 1. The driver is tired.
- 2. Bad road conditions.
- 3. Worn tires or worn parts on the vehicle.
- 4. The driver is distracted.
The list can go on and on. There are many defenses for this type of driving behavior and D. Robin McCarty has been successful many times in pointing out to juries reasons for poor driving other than intoxication.
Second, field sobriety tests, better known as Standardized Field Sobriety Tests, are very subjective. Everyone is different and everyone has different abilities when it comes to "balancing" tests such as the SFSTs. As with driving behavior, there are many other reasons, other than intoxication, for not performing well on the SFSTs. Injuries, being overweight, being tired, and a general inability to balance can inhibit even the most sober of drivers in performing the tests successfully. As with driving behavior, D. Robin McCarty is masterful at investigating, evaluating, and pointing out to the jury the other factors involved with unsuccessful performance on the SFSTs.
A defendant CAN and SHOULD fight DWI charges. There are many defenses to even the most seemingly hopeless case. Contact D. Robin McCarty to discuss your case and get a FREE consultation and initial evaluation to determine what defenses you have.
- As a DWI defendant, what are my rights?
You have the right to remain silent and the right to an attorney, even if you cannot afford to hire one yourself. You also have the right to be protected from unreasonable police searches. - What can I expect from my Dallas - Fort Worth DUI lawyer?
Do not expect your lawyer to get the charges dropped. A Dallas - Fort Worth lawyer will always work towards this end, but it cannot be guaranteed. You should be able to expect your lawyer to gather evidence in your favor and protect you from any future rights violations. - What must the prosecution prove for a jury to find me guilty in a DWI trial?
The state must prove that you were driving in a public area with a BAC above 0.08%. Note that they do not need to show you were actually noticeably intoxicated. - Does the ALR affect my criminal case?
No. If you have a successful ALR hearing, it will not help you in your DWI case. Similarly, if you lose at your ALR hearing, you may still win at your criminal trial.
General:
- How does the state define intoxication?
Texas has two legal definitions for the term intoxication. The first says you do not have normal use of your mental or physical facilities due to the introduction of drugs or alcohol into your system. The second merely says you must have a blood alcohol concentration (BAC) of 0.08% or above. If you are a minor, that BAC level need only be above 0.01%. Also, keep in mind that you are generally considered intoxicated before you are drunk, which means if you feel drunk, you are certainly intoxicated. - What does Blood Alcohol Concentration mean?
Your blood alcohol concentration is a legally unbiased method to detect how much alcohol is in your system. Please note that because of tolerance levels, a petite woman in Fort Worth could be intoxicated after a single glass of wine, even if her BAC reads at only 0.06%. On the other hand, a large, alcoholic man in Arlington may still have complete control of his physical and mental state, even with a BAC of 0.15%. - What are “normal mental and physical facilities?” And who is “normal?”
You are only judged to have your normal physical and mental facilities, not that of the judge, jury or prosecution. So if you are ordinarily a somewhat clumsy walker or unable to respond to questions well, evidence showing you could not do so when interviewed by the officer at the time of your arrest will be futile. - Does the 0.08% BAC apply to the time I tested or the time I was driving?
To receive a DWI conviction, your BAC must have been over 0.08% while you were driving. A good Dallas - Fort Worth DWI attorney may be able to show that due to the time you were tested, the time you were driving and the time you had your last drink, your body had not absorbed all of the alcohol while you were driving. Using this evidence he may be able to use what is called a reverse absorption defense to show that you were not, over 0.08% when driving. - How high does a BAC have to be for a minor to get a DUI?
For a minor to receive a DUI, they must only have a detectable amount of alcohol in their system, if this is the case, they may or may not be arrested, but will always receive a license suspension of 60 days and may be subject to jail time and fines. If the minor refuses a chemical test, he or she will be subject to much more strict punishments. - What do officers look for as indications of drunk driving?
Drunk drivers display a wide variety of behaviors that may make an officer suspicious. These behaviors include:- Almost hitting another vehicle
- Driving on lane markers
- Erratic braking
- Excessively slow driving
- Failure to use headlights while driving at night
- Putting their face close to the windshield
- Sticking their head outside the car window
- Tailgating
- Weaving
- How can I avoid getting a DWI?
The best way to avoid a DWI is to not drink. If you do drink, find a designated driver or call a cab. If you do find yourself getting pulled over after drinking and driving though, refuse the field sobriety tests and the chemical tests. These will only offer the state more evidence against you. Note, if you are a minor, you must take a chemical test when requested to do so.
During the stop:
- What should I say when I am pulled over on suspicion of DWI?
Do not admit anything. Do not tell the officer where you have been or where you are going. Never try to talk your way out of a situation. Always be polite, but inform the officer that you are aware of your rights and ask for an attorney. Things you say at this point may end up incriminating you later. - What sort of violations of my rights may occur during a DWI arrest?
An officer is required to have a legitimate reason for stopping you and a probable cause for searching your vehicle and/or arresting you. When you are arrested, the officer should read you your Miranda rights. If any of these rights were violated, your Metroplex area DWI criminal lawyer should be able to use these injustices to get your charges reduced or, occasionally, dropped. - Can someone get a DWI if they are not driving a vehicle?
Yes, in Texas, you can receive a DWI for riding a bicycle, ATV, even a horse. If you are in control of any form of transport while intoxicated, you can receive a DWI. - Can I drink alcohol while driving?
No. Having an open alcoholic beverage in the car is a Class “C” Misdemeanor. If you have an open alcohol beverage in the car when you receive a DWI, it can make your DWI punishment more severe. - Can I still be charged for a DWI if I was using drugs, not alcohol?
Yes. You can still be found to be under the influence, therefore, a DWI would still be the appropriate charge. In addition, you may also be charged with drug possession if applicable. - No one told me my Miranda Rights. Can I get my charges dropped?
Generally, no. However, your lawyer may use this evidence as proof of multiple rights violations on the part of the officer and it may help you get your charges reduced, case dropped or acquire a not guilty verdict.
Testing:
- When an officer requests I take a Field Sobriety Test, what should I do?
Decline. These tests are not mandatory and are designed for failure. If you perform a sobriety test, you will only be giving the officer evidence against you. - Are Field Sobriety Tests accurate?
No. These highly-subjective tests are hard for even sober people to pass. Even the best of the Field Sobriety Tests are wrong 1 out of 5 times when performed by a properly trained officer in ideal settings. - What can affect a person’s performance during a Field Sobriety Tests?
Field Sobriety Tests can be affected by any number of things, including nervousness, fatigue, wind, illness, dust, headlights, physical problems, footwear, uneven sidewalks and more. Do not trust these test types, always decline them. - I think I passed my Field Sobriety Test. Why was I still arrested?
Because these tests are so subjective, you may believe you passed the test when the officer has decided you failed it. If the wind threw you off balance, the officer can decide it is because you are intoxicated. - If asked to, do I have to take a breath, blood, or urine test?
Due to the state’s implied consent law, you are legally required to take a chemical test if requested to do so by the arresting officer. If you refuse to take the test, you will be arrested as though you have failed the test. - In reality though, there are no additional penalties if you refuse to take the test as opposed to taking the test and having over a 0.08% BAC. The Law Office of D. Robin McCarty urge you to refuse chemical testing unless you truly believe your BAC to be below 0.08%. If you go to trial and have the refusal to take the test on your record, it will be less incriminating than a positive test result.
- Are breath tests accurate?
No! Breathalyzer devices are commonly incorrect and minor things such as belching or eating can further reduce their accuracy. Do not allow a police officer to trick you into believing that once you have tested as intoxicated there is no hope for your case. A Dallas - Fort Worth criminal attorney can help demonstrate to the jury the inaccuracy of breathalyzer tests and may be able to earn you reduced sentencing or a not guilty verdict.
Sentencing:
- Will I go to jail if I am convicted of a DWI?
Generally, injury-free, first-time DWI convictions do not result in jail time, however, the court can choose to sentence you to anywhere between 72 hours and 180 days in jail. After your first offense, you will almost always receive jail time. - Will I lose my license if I am convicted?
Yes. Even if this is your first DWI conviction, you will lose your license between 6 and 12 months. You may be able to apply for a provisional license that will allow you to drive between home and work. - Will I have to get an ignition interlock device installed in my car?
For most first-time convictions, you will not need to have an ignition interlock device installed. However, if your BAC was above 0.15%, if there were any injuries caused by your drunk driving or if this is not your first conviction, you will most likely be required to install an interlock device. When you are required to use one of these devices, you are prohibited from driving cars that do not have an ignition interlock device in them and must provide a breath sample every twenty minutes while driving. - What will happen to me after my first DWI?
You will receive a criminal conviction on your record and may be fined between $2,000 and $5,000. You will be expected to complete a minimum of 24 hours community service and may be required to attend DWI education class. - How long does a DWI arrest stay on a person’s record?
If you are convicted, the DWI will stay on your record forever. - How does a DWI conviction affect my insurance?
For the first two years after your conviction, you will be required to use high-risk insurance, SR-22. This insurance is very expensive. In addition, when you return to normal insurance, your rates will likely go up as a result of your DWI conviction.
For further information regarding your DWI/DUI case, please contact Dallas - Fort Worth, Texas DWI attorney D. Robin McCarty today.
