DWI FAQs

Get Answers from Our Skilled Austin DWI Attorneys

After a DWI arrest, you probably have a number of questions. Getting the right answers can empower you to make the right choices about your case. Our Austin DWI attorneys can answer your specific questions during a free consultation, but we have also included several frequently asked questions for your convenience. We welcome you to review these and to call our offices at (512) 359-3743 any time to talk to an attorney about your concerns.

What is probable cause, and what does it have to do with a DWI arrest?

Probable cause may be defined as a situation where a law enforcement officer has reasonable grounds to make an arrest or conduct a search. This must be established for a police officer to lawfully pull over a driver and make an arrest for DWI. Probable cause for an initial police stop, for example, may be a driver who has violated a traffic law by running a red light, swerving in and out of his/her lane, etc. Challenging probable cause is one way to defend a driver against a DWI arrest or charge.

How can field sobriety tests be challenged?

Field sobriety tests need to be administered and graded correctly by a trained officer. Our Austin DWI lawyers may be able to challenge a field sobriety test by showing that it was improperly administered, such as a “failed” walk-and-turn test performed by a driver who was wearing high-heeled shoes that impaired her ability to perform the test. We may also be able to prove that the officer was not properly trained on administering tests or that he/she incorrectly evaluated a driver’s performance of the tests.

What if I failed a breath test – won’t I be convicted?

Even if you took a breath test and it showed a result of .08% or greater (above the legal limit to operate a vehicle), this does not necessarily mean: A) the test was right, or B) the test result is admissible in court. We can challenge breath and blood test results in various ways, depending on the circumstances. Carefully evaluating your test can help us determine the best way to challenge its results.

When should I call an attorney?

We recommend calling an attorney as soon as possible after a DWI arrest. Exercise your right to remain silent and your right to an attorney. Involving an Austin DWI lawyer will be your only defense against a conviction and serious penalties, and we can advise you of your rights and options right from the beginning.

Will my license be suspended?

A DWI arrest will initiate license suspension proceedings by the Texas Department of Public Safety (DPS), but you have 15 days to request a hearing to challenge the suspension of your license. This hearing is separate from your criminal DWI case, and we recommend involving an attorney to handle your hearing as well as your criminal charges. License suspension is a possibility, but we can help you avoid this.