The consequences associated with a DWI are quite significant, win or lose. If the question is “Should I contact an attorney”, the Answer is “yes”, without any doubt, especially if the initial consultation is free. Whether or not you need a lawyer is an answer you will have to decide, but do so after being fully informed by a skilled and knowledgeable attorney. Call Scott Markowitz Now ! (713) 521-7568

If you have had nothing to drink, or perhaps, if you had consumed only one mild alcoholic drink within an hour or so before you are stopped, then it is unlikely that your breath or your blood would reveal a result of .08 or more. Just remember that the State can prosecute even if the result is less than .08; furthermore, you may still be subject to arrest if the officer thinks you have lost any degree of mental or physical capacities as a result of consumption of alcohol or drug. A driver license suspension is 180 days if you refuse to provide a specimen, and only 90 days if you consent and the test reveals a result of .08 or more.

Every case has to be determined after a careful and thorough evaluation of all the facts and circumstances. Generally speaking, the District Attorney’s office is very reluctant to dismiss a DWI charge. On the other hand, a skillful lawyer can usually mitigate the consequences in a plea bargain arrangement. A compromise plea bargain arrangement should only be considered after a careful and thorough evaluation of all of facts and circumstances of your case.

Your driver license can be suspended under the ALR process, or your license can be suspended as a result of the criminal charge. If you are convicted of the DWI, usually referred to as a “straight plea “, you will have a driver license suspension between 90 days and one year If you are put on probation for the DWI charge, your driver license will not be suspended.

Even though you thought you passed the tests, in all likelihood the officer saw several clues, and in addition to his other observations, he decided that he had probable cause to believe that you were driving while intoxicated. Generally speaking, the field sobriety tests are not based on failing or passing. The officer is looking for clues that are relevant to each test.

You can go to court on the first setting and request to be considered for a court appointed lawyer. You will be interviewed and if you are found to be qualified, a lawyer will be appointed to represent you. Unless your case is later dismissed or unless you are acquitted, you may still have to reimburse the county a nominal amount for your attorney fees.

Usually not unless important evidence was obtained after the point in time at which the officer should have given you the “Miranda warning”. This is the warning that informs you that you have the right to remain silent and that anything you say can, and likely will be used against you. This warning does not have to be given to you until you are arrested. Usually, all of the information gathered before the officer places you “under arrest” is admissible as evidence in the case.