Intoxication is defined in Texas as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
This means that even if your BAC (blood or breath alcohol concentration) is less than .08 you can still be charged with an intoxication offense if the arresting officer feels that you do not have the “normal” use of mental or physical faculties. However, just because you have been charged with drunk driving, or any other intoxication offense, does not mean you are guilty. Even if you provided a blood or breath sample showing a BAC of .08 or higher it does not mean you are guilty. There are several factors that should be reviewed in any case involving intoxication.
An attorney who knows the law and works with you to develop your case is often the difference between guilty and not guilty. The Gilbert Law Office brings an aggressive approach to all intoxication offenses and will work with you every step of the way to ensure that your rights are protected.
Administrative License Revocation (ALR)
If you are arrested for DWI The Department of Public Safety can suspend your driver’s license if you do not submit to a breath or blood test, or your breath or blood test is .08 or higher. At the time you are charged with driving while intoxicated in Texas, the officer is required to take your license, and should give you a Notice of Suspension (a 40-day temporary permit). YOU ONLY HAVE 15 DAYS FROM THE DATE OF THE NOTICE OF SUSPENSION TO REQUEST AN ALR HEARING! If you do not request this hearing, the license suspension goes into effect on the 40th day after the date of the Notice. If you request a hearing, the temporary driving permit remains in effect until the date of the final decision by the ALR judge.
The ALR hearing is a civil proceeding that occurs along with the DWI criminal proceeding. And although an attorney representing you in the DWI does not have to be request or take part in an ALR hearing, a thorough lawyer will take advantage of the opportunities presented by the ALR hearing. At the ALR hearing, your lawyer can request certain items that give details of your arrest and can even subpoena the arresting officer. This information can provide clues as to how the State will handle the criminal portion of your DWI arrest.
The Personal Approach
At the Gilbert Law Office, every client is treated as if he or she is my only client. The Gilbert Law Office was founded on the belief that every person is entitled to quality legal representation, no matter what their interests or intended outcome. This belief ensures that my clients will always receive personal, concierge-level legal services. You shouldn’t have to be wealthy or a celebrity to receive fair, honest representation of your interests. You’ll never be treated like a number on a client roster, and your rights will be protected through whatever challenges you’re currently facing. Nobody wants to need an attorney, but when you do, make sure you pick one that cares about your success as much as their own. When you need an experienced San Antonio DWI attorney, call The Gilbert Law Office or submit a contact form on the website to get your case started off on the right foot.