DeKeyzer Law, PLLC 

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The Texas DWI Process And Arrest

Texas law enforcement is always on the look out for suspected drunk drivers. Typically the officer usually makes the initial stop based on some minor traffic violation. However, if the officer approaches your vehicle and starts asking questions about where you came from, where you are going, and if you had any alcohol, it is clear that he suspects you are a drunk driver. If the officer asked you those questions he has began his investigation. If the officer will request that you perform Field Sobriety Test if he or she notices things like:

  •  The smell of alcohol on your breath or clothes;
  • Red or bloodshot eyes; or
  • Slumping, leaning, or a slur in your speech.

What Are Your Rights During A DWI Arrest?

You have the right to refuse the Field Sobriety Test, and it is in your interest to refuse. Generally, if the officer asks you to perform Field Sobriety Test the officer has made up his or her mind, and the Field Sobriety Test become nothing more than evidence used against you. However, if you refuse you will be arrested, and depending on the circumstances the officer will obtain a warrant to perform a blood alcohol test. 

If you are arrested you must be taken in front of a magistrate judge for a bail hearing within 48 hours of your arrest. Bail amounts vary from county to county and depend on the circumstances of your arrest. You should contact an aggressive criminal defense lawyer immediately after you have been released from jail.