Many people don’t take a first charge for drunk driving seriously enough. If no one was hurt and there was no property damage, they may even decide to defend themselves. They erroneously think that the judge will be lenient, if they tell the truth and plead guilty. In Rockwall, TX this usually leads to the person losing their license for one year and having a felony conviction on their record. They should have instead hired a DWI attorney in Rockwall TX to represent them.
If a person stopped for drunk driving refuses a blood alcohol test or breathalyzer, they can have their license suspended from 90 days to two years. The severity of the suspension increases as the number of previous drunk driving convictions increases. They must request a hearing within 15 days to fight this suspension. The police don’t have to tell them about this deadline. Therefore it’s very important that they hire a DWI attorney, who knows all of the legal steps to defending a drunk driving charge.
Even if the judge still suspends the license, the hearing is a good opportunity for the lawyer to question the arresting police officer. It is an opportunity for the lawyer to learn how strong the case against his client is. He will be able to determine the probable cause the officer had to stop his client. He will also be able to find out how experienced the officer is at conducting breathalyzer tests.
Many drivers assume if they fail the test that they will definitely be convicted on this evidence. While the police may want people to believe this, this is not the case. Breathalyzer tests can be very inaccurate and the defendant has a right to ask for an independent test. This is another fact that the police won’t willingly share. However, if the defendant contacts a DWI attorney immediately, the lawyer can set up the process for an independent test. The lawyer will also examine the maintenance records of the particular breathalyzer. If it wasn’t service by a licensed technician on schedule, that can also be grounds for having the charges dismissed. Click here for more information.