Austin Criminal and Personal Injury Lawyers-Lopez & Urrutia

DWI/DUI Frequently Asked Questions

DWI tests

I was arrested for DWI/DUI and they took away my license, is my license suspended?

Yes and no. Normally, when a person is arrested for suspicion of DWI/DUI their license is taken away and they are issued a Notice of Suspension. If the person gives a breath sample (agrees to blow into the Intoxilyzer) and the result is over the legal limit of .08, that person's license will be suspended for 90 days. If the person refuses to provide a sample, their license will be suspended for 180 Days. In either case, the person has 15 days to request an Administrative License Revocation (ALR) hearing to stop the license suspension.  If they don't request the ALR hearing, their license will be suspended automatically!

Click here for more on License Suspensions

If I am stopped and asked to perform Standardized Field Sobriety Tests do I have to?

NO! This is still America! Last we checked you do not have to give evidence against yourself. Be polite and refuse to do any Standardized Field Sobriety Tests as well as Breath or Blood tests.

How long should I wait to hire an attorney?

You shouldn't! Texas law requires that a request for an ALR hearing be made within 15 days from the date of your DWI arrest to keep your license from being suspended. If you do not hire an attorney and a hearing is not requested, you waive the opportunity to fight the license suspension.

Is there any benefit in requesting an ALR Hearing?

Definitely.  In addition to fighting to keep your license from being suspended, an ALR hearing is usually the first opportunity we get to question the arresting officer prior to trial. Not only do we get valuable discovery that will help us prepare for your case, we can "tie down" the officer to his story and he can't change it later.

If my license is suspended because of a DWI, is there a way I can get a license to drive to work?

In most cases, we can request an Occupational Driver's License that will allow you to drive to and from work or perform duties essential to your job.

An Important tip:  If you are ever stopped and you've had a drink, remember that everything you do will be scrutinized later.  From the moment the police officer gets behind you and decides to pull you over, your driving, how you hand him your driver's license and insurance (i.e. if you fumble for it), to how you exit the vehicle, will be dissected for signs of intoxication.  If you are arrested and placed in a patrol car, the camera will be on you all the way to the station. So even if you're nervousand who wouldn't bedo your best to stay calm, be polite and refuse to perform any standardized field sobriety tests or give a sample of your breath or blood. Drink responsibly, but if you are accused of DWI, contact us immediately.

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