After an arrest, many clients express feelings of helplessness. When
you have no idea what you are up against, fear of the unknown is a
normal reaction. Rather than jumping to conclusions, all I can ask is
that if you have been arrested for a DWI, come to my office and talk to
me as soon as possible. It will not cost you anything but your time. There is more to the story than
whether you had been drinking and driving (drinking and then driving is
legal as long as you are not intoxicated). The Government has the burden
to prove that you were intoxicated at the time you were driving. The
Government also has to prove that they had a legal reason to pull you
over. The Government must prove that you failed the tests that they
administered; however, first they must prove that the tests were
administered according to the established guidelines. Together, we will
attack the validity of the traffic-stop, we will attack the validity of
the road-side testing, we will attack the credibility of the road-side
test results, we will attack the validity of the breath/blood test, and
we will attack the credibility of the breath/blood test results.
Take a minute to fully consider just a few of the possible
consequences of a first time DWI arrest in the State of Texas: a
permanent criminal record, license suspension, greatly increased
insurance rates, immobilization of your vehicle unless the vehicle is
equipped with an interlock device( this will prevent your vehicle from
operating without you first providing a breath sample), loss of your CDL
privileges, at least 24 hours of community service, victim impact
panels, drug and alcohol classes and testing, jail, alcohol evaluations
and counseling, and mandatory attendance at Alcoholics Anonymous.
Many clients initially tell me that they want to get the case
concluded as soon as possible so that they can get it behind them. The
truth is that unless you prevail at trial or unless we can get the case
reduced to a different offense, unless you are pardoned (highly
unlikely), a final DWI conviction will stay on your record forever! I
cannot guarantee that you will not be convicted of DWI after a trial. I
can guarantee you that you will be convicted of DWI if you simply plead
guilty without a fight. If you do not fight, the District Attorney has
no incentive to offer you a better option. If you do not fight, you have
no chance to win.
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WARNING! You only have 15 days from the date of your arrest to request an
administrative hearing to contest your license suspension. If you refused the breath/blood/urine test
you face a possible suspension of your license for at least one hundred eighty days. If you submitted
to a test which yields a result of .08% or above, you face a possible suspension of your license for at
least 90 days. Contact our office immediately for assistance.
Disclaimer: The information contained on this web site is being provided to the
public for informational purposes only. The information contained herein is legal in nature, but it is not intended to be
disseminated as legal advice. The reader should not construe the information contained herein as legal advice. Further,
because the law is ever changing, Paul Previte and the Law Office of Paul Previte make no promise, warranty or guarantee
that the information contained herein is accurate or reliable with respect to the reader's specific circumstances.
The Law Office of Paul Previte Suite 200, 6000 Western Place Fort Worth, TX 76107
The decision to act is yours alone! 817-335-HELP 817-335-4357
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