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Tessmer Tips / 15.12.2015

DWI Fact #7:  Can I still drive?   To preserve your right to drive in Texas, you must request a hearing within 15 days of the date you were served with a Notice of Suspension. In most cases, this is the day of your arrest. If you timely requested a hearing to contest your license suspension, you will be able to continue to drive unless an Administrative Law Judge rules against you and authorizes the Department of Public Safety (DPS) to suspend your driver’s license.   If you lose at the hearing, your driver’s license will be suspended and you cannot drive unless you...

Tessmer Tips / 14.12.2015

DWI Fact #6: What can you expect at court?   The initial court appearance is called an arraignment. At the arraignment, the judge may advise you of the charges and of certain rights that you have because you have been charged with a crime. Your lawyer may get an opportunity to look at the State’s file and at the police offense report to determine what the police claim that you did.   It is very important that you not wait for the first court appearance to seek legal advice and to hire a lawyer. Valuable rights and evidence that will affect the ability to...

Tessmer Tips / 11.12.2015

DWI Fact #5: What will happen after you are arrested for DWI?   Generally speaking, following an arrest for DWI in Texas, you will be taken first to the police station or county jail. Once at the station or jail, you will be asked to submit to a breath test.  Or, if you have refused the breathalyzer, a warrant will be obtained to draw your blood.   Keep in mind, you are already under arrest and you are not going home if you take the breath test and pass. You will still be charged with driving while intoxicated by not having the normal use...

Tessmer Tips / 10.12.2015

DWI Fact #4: What happens during a DWI stop?   Most people are stopped for DWI in the evening or early morning hours. If you are driving during that time and you get pulled over by the police, there is a good chance that you will be asked to perform tests and provide a breath sample.   When stopped, remember that the officer can only detain you for as long as it takes to complete the purpose of the stop. You do not have to answer any questions. In fact, answering questions may inadvertently cause the officer to suspect you are intoxicated.   Once the officer...

Tessmer Tips / 09.12.2015

DWI Fact #3: How much is too much?  That’s the wrong question to ask because it assumes that there are a fixed number of drinks that are acceptable before you get behind the wheel. That is not the case.   For example, if you are taking medication, one drink could put you at risk. For some people, it often takes very little alcohol to become legally drunk and certain physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. Eating can also affect your outcome – you are more likely to fail a blood alcohol...

Tessmer Tips / 08.12.2015

DWI Fact #2: Mostly, DWI crimes are related to your BAC when operating a motor vehicle.  However, officers can arrest you for other alcohol-related crimes involving your vehicle.   For example, it’s illegal to have an open container of alcohol in the passenger area of your vehicle if you’re driving or parked on a public highway (Texas defines the “passenger area” as the area designed for people to sit in while traveling).  A simple open container violation results in a maximum $500 fine and a Class C misdemeanor. However, if you’re arrested for DWI and open container, you’ll get a Class B misdemeanor and a...