DWI First Offense – No Test

December 13, 2021

If you have been arrested for a DWI and refused to take a breath or blood test, you need to secure an experienced DWI attorney as soon as possible.

What To Expect:

It is possible that once you refused a test, the officer may obtain a blood warrant from a judge granting permission to take a blood sample for testing. Typically, a nurse or phlebotomist will take the blood sample, which will be sent to a lab for testing. It can take up to 9 months to receive the results of this test.

After your arrest, you will have 15 days to request an ALR license hearing before your license is suspended. It is crucial to hire an experienced lawyer to help guide you through this process so you can avoid losing your license. It is very important to request a hearing.

At the hearing, if the officer does not show up, then you may be able to save your license from suspension; however, if the lab results show that your blood alcohol concentration was higher than .08, then your license may be suspended.

I was a former DPS lawyer and have done more ALR hearings than ANY defense lawyer in Texas. I win 95% + of my hearings.

Possible Punishment:

The possible punishment for a first time DWI with an alcohol concentration between .08 and .015 is considered a Class B Misdemeanor in Texas. It carries a maximum punishment of 180 days in jail and a $2,000 fine.

If your blood alcohol concentration is .15 or higher, the offense is a Class A Misdemeanor with a maximum punishment of 365 days in jail and a $4,000 fine.

You also face a $3,000 Texas DPS State Traffic fine.

What You Should Do:

• Contact a Texas Board Certified DWI defense attorney as soon as possible to request a pretrial hearing to avoid your license suspension.
  
• Keep your mailing address up to date. Texas Department of Public Safety will send important, time-sensitive information in the mail, and it is important to meet all deadlines.
  

How Steve Dennis Can Help:

An experienced Board Certified attorney is essential when the case goes to trial. In cases where the defendant refuses to test, the prosecutor will try to convince the jury that this is evidence of a guilty conscience and an admission of wrongdoing. A qualified trial attorney will demonstrate to the jury that there are many valid reasons why someone might refuse a blood test: fear of needles, unsanitary conditions where the breath testing instruments are kept, an unwanted invasion of one’s body, to name a few. Even if a warrant was obtained and a blood sample taken, an experienced attorney has many strategies to help you win your case and get the best outcome possible. Everything from selecting the right jurors to educating the jury on the defendant’s right to remain silent and refuse testing can make a difference in winning the case and getting your life back to normal.