You have 40 days before a license suspension takes effect and the right to contest it at an ALR hearing. Win that hearing and there is no suspension at all.
Do not answer questions about where you are coming from or whether you have had anything to drink. Admitting to a couple of drinks does not get you released. It triggers a full DWI investigation.
You have the right to refuse the roadside field sobriety tests. Whether to agree to a breath or blood test is a local question rather than a blanket rule. In smaller counties, where a judge is not always available to sign a warrant, refusing the breath test can mean law enforcement cannot obtain a blood draw. In San Antonio and Bexar County a judge is always available, and breath test cases tend to be more defensible than blood test cases, so agreeing to the breath test there often makes more sense.
On the license side, a DWI arrest does not automatically mean losing your license. You have 40 days before a suspension takes effect, and you are entitled to contest it at an Administrative License Revocation hearing. If your attorney wins that hearing, there is no suspension at all. Most clients are also eligible for an occupational license, which allows continued driving for work, school pickups, and daily life during any suspension period.
Barrera Defense represents people accused of DWI in San Antonio, Floresville, La Vernia, Jourdanton, Pleasanton, Boerne, Poteet, Karnes City, & Kenedy. We challenge the traffic stop, the field sobriety tests, the breath and blood evidence, and the arrest procedures, and keeping a client's life moving is a priority on every DWI case.
Citation: Texas Penal Code §49.04, enhanced by §49.09
Degree and classification
Statutory language: A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.