Facing a DWI arrest can feel overwhelming. If you are reading this, you may be unsure of what to expect during this difficult time. We understand that a situation like this can bring up feelings of confusion, worry, and stress. It is important to know that you are not alone in this. There are steps you can take to protect your rights and increase your chances of achieving a favorable outcome in your case. At McCarty Larson, PLLC, we are here to guide you through every stage of the process, ensuring you have the best support possible.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
The Initial Stop and Field Sobriety Tests
When you are pulled over by a police officer in Texas, the officer is likely to ask you a series of questions and may request that you take a breathalyzer test. If the officer suspects that you have been driving while intoxicated, they will often ask you to perform field sobriety tests. These tests are designed to assess your coordination and balance, and they can play a crucial role in whether or not charges are filed. If you are asked to perform these tests, it is important to understand that you have the right to decline. However, refusing to take these tests could lead to further complications with your case.
During a typical DWI arrest, you may feel anxious or embarrassed, but remember that the officer is gathering information to build their case. You should remain calm and polite during the interaction. If the officer has reasonable suspicion that you are intoxicated, they may ask you to take a breathalyzer or blood test. It is at this point that the situation becomes more serious, and the next steps in the arrest process begin.
Arrest and Transport to Jail
If you are arrested for DWI in Texas, the officer will likely handcuff you and take you to the police station. The transport process is often intimidating, but it is important to know that you have rights during this phase. The police officer must inform you of your rights, including your right to remain silent and your right to speak with an attorney. Once you arrive at the station, you will be booked into jail, which includes having your fingerprints and mugshot taken. This part of the process can feel like a lot to handle, but it is standard procedure. It is at this stage that your attorney can step in to ensure your rights are upheld and to start building your defense.
Chemical Testing and Refusal Consequences
In Texas, when you are arrested for DWI, you are required by law to submit to chemical testing, whether it is a breath, blood, or urine test. Refusing to take a chemical test can result in immediate penalties, such as the suspension of your driver’s license. It is important to note that even though you have the right to refuse these tests, refusing can lead to consequences that can impact your ability to drive and your case. The officer will likely inform you of these consequences before you make your decision.
If you do agree to take the test, the results will play a key role in the prosecution of your case. A blood alcohol concentration of 0.08% or higher is typically considered evidence of impairment, but there are also other factors that may influence the outcome of your case. For example, the officer’s observations, your behavior during the field sobriety tests, and the circumstances surrounding your arrest may all be used to support or challenge the prosecution’s case.
Booking and Jail Release
After you are booked into jail, you may be held for several hours or until you are able to post bail. Depending on the circumstances of your case and whether there are any additional charges or complications, the amount of time you spend in jail can vary. In some cases, you may be released on your own recognizance without having to post bail. However, if you are unable to post bail, you may be required to remain in custody until your hearing.
During your time in jail, it is important to contact an attorney as soon as possible. A skilled attorney can help you navigate the legal process and can even work to reduce the amount of bail or have you released on other terms.
The Legal Process After the Arrest
Once you are released, the legal process will begin in earnest. This includes a series of court appearances and legal proceedings. It is important to work closely with an attorney to ensure that you are making informed decisions at each step of the process. If you decide to fight the charges, your attorney will work on building a defense, challenging the evidence against you, and exploring all possible legal options to reduce or dismiss the charges.
If you decide to plead guilty, your attorney will still be instrumental in ensuring that your case is resolved in the best possible way, taking into account any factors that could influence sentencing. In Texas, a DWI conviction can come with severe penalties, including fines, license suspension, and even jail time. However, with the right defense strategy, it may be possible to reduce these penalties or have the case dismissed altogether.
At McCarty Larson, PLLC, we understand that facing a DWI arrest in Texas can be one of the most challenging experiences of your life. From the moment you are pulled over to the moment you appear in court, it can be hard to know what to do. That’s where we come in. Our team is dedicated to guiding you through each step of the process with care and compassion, ensuring that you fully understand your rights and your options.
Whether you need help understanding the consequences of a chemical test or assistance in preparing for court, we are here to provide you with the support you need. We know that this is a stressful time, and we are committed to working tirelessly on your behalf to help you achieve the best possible result. With our help, you can face the legal challenges of a DWI arrest with confidence, knowing that you have a team of legal professionals on your side.
If you have recently been arrested for DWI in Texas, don’t wait. Contact McCarty Larson, PLLC, today to schedule a consultation. Let us help you get through this difficult time and work towards a successful outcome. We are here to fight for you every step of the way.