Arrested for DWI in Texas: Here are 50 Facts You Need to Know.
If you have been arrested and charge with a DWI in Texas, you need to see the list below describing 50 plus DWI facts you need to know.
6 Facts that MUST be proven before you can be found Guilty of a Texas DWI:
If you are arrested for DWI in Collin, Dallas, Denton or any other county in the state of Texas, the following facts must be proven by the State:
1. Your Identity;
2. You were operating a motor vehicle;
3. In a public place;
4. In a specific county (i.e., Collin, Denton, Dallas, etc.) in the state of Texas;
5. You blood or breath alcohol level was over the legal limit; OR
6. You did not have the normal use of your mental or physical faculties
These 6 facts must each be proven beyond a reasonable doubt before you can, lawfully, be convicted of a DWI in Texas.
8 Things the Prosecuting attorney doesn't want you to know.
1. His boss won't let him offer you a reduction of your charge even though they don't have a very strong case;
2. It doesn't matter if he believes your story, he will try to convict you anyway;
3. It is much harder for him to convict you if you refused all sobriety tests and did not give a breath or blood test;
4. He does not have all the necessary witnesses available to prove your case at trial;
5. He has evidentiary problems that will hurt the State's case at your trial;
6. He has exculpatory evidence which would prove your innocence;
7. Because of problems with your case, he plans on dismissing it if you set it for trial;
8. He is not telling you any of the above because he is attempting to BLUFF you into a plea of guilty.
What you must do immediately to preserve you right to drive:
1. The arresting officer should have provided you with paperwork about the suspension of your driver's license (DIC-24 statutory warning form);
2. You have 15 days from the day of your arrest to request an ALR hearing to contest the suspension of your license or your license will be AUTOMATICALLY SUSPENDED;
3. If you do not request an ALR hearing with 15 days of your arrest, there is no way to save your license from being suspended.
The request for an ALR hearing must be done according to SOAH (State Office of Administrative Hearings) rules. As a courtesy, my office will request your ALR hearing free of charge if your contact us for an interview.
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