Frequently Asked Questions

Why are the Texas DWI laws so vigorously enforced?

Drunk drivers kill innocent victims, and no civilized society can tolerate the death of innocent people. As such, society puts a tremendous amount of pressure on the legislature, the district attorney, and law enforcement to get tough on people who drink and drive.

When should I hire a lawyer?

You should hire a lawyer immediately! The law requires that you request an administrative license revocation (ALR) hearing to fight your license suspension within 15 days from the date of your DWI arrest. If you fail to promptly request an ALR hearing, you waive the opportunity to fight the license suspension. The sooner we’re on your case, the sooner we will be able to concentrate on defense procedures.

Is my license automatically suspended?

No. But, if you refused to provide a sample of your breath or blood or if you provided a sample and it had an alcohol concentration of .08 or greater, and you failed to request a hearing to fight the license suspension, it will be automatically suspended.

Is there any benefit in requesting an ALR hearing?

Absolutely! We have been able to keep a number of our clients from ever having their driving privileges suspended thanks to strong DWI defenses. Also, it is the first (and probably only) opportunity that we will have to speak to the officer and get their story locked down before the prosecutors have a chance to coach the officer.

If my license is suspended for a DWI, can I get a license to drive to work?

Depending on your criminal and driving record, we may be able to get you an occupational driver’s license that will allow you to drive to and from work. It will also allow you to drive between locations if your job requires you to travel as part of your duties.

Are you skilled in the proper administration of the sobriety tests known as standardized field sobriety tests (SFSTs)?

Yes. David Hunter has completed training for the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests several times. This allows him to better evaluate how you did on the tests, and more importantly, evaluate how the police officer administered them. Most DWI prosecutions involve results of “field sobriety tests,” some of which have been the subject of scientific studies conducted by NHTSA.

Are you familiar with the breathalyzer known as the Intoxilyzer 5000?

Yes. David Hunter even owns an Intoxilyzer 5000 machine. To the average criminal defense attorney, a breath test above the legal limit means “plead guilty” from the beginning, even though they will not tell you this until after the fee has been paid. To an experienced lawyer, a failed breath test in no way means you are guilty.

We understand how the breath test machine works, what can cause you to provide an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This knowledge can often mean the difference between a guilty and not guilty verdict. If you are serious about being found not guilty, you need a lawyer who is very knowledgeable about DWI defense procedures.

Can you get my DWI case dismissed?

It would be unethical for us to promise that we will get your DWI case dismissed. That being said, our goal will be to get your case dismissed; keep your record clean; and prevent you from losing your freedom, dignity, and license.