Law Office of
EDWARD W. GARRISON
Lawyer, Attorney at Law
SAN ANTONIO, BEXAR COUNTY, TEXAS
(210) 733-4291
1-888-507-8544
edwardgarrison at gmail.com

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TEXAS CRIMINAL & DWI DEFENSE
This page is designed by Edward W. Garrison, lawyer, attorney at law, to offer an overview of Texas law. Do not rely on it for legal advice. Every case is different depending on the facts and circumstances surrounding the arrest. If you have been arrested, we recommend that you consult with a licensed attorney to discuss the specifics of your case.
The Law Office of Edward W. Garrison: 210-733-4291; (888) 507-8544, toll free.
Principal Office in San Antonio, Bexar County, Texas.

IF STOPPED, ARRESTED, OR ACCUSED OF A CRIME:

You do not have to say anything, except...
you must, however, provide your true name
and a true form of identification.

You do not have to consent to anything:
If asked, you may tell the officer s/he may NOT search you, your car
or your belongings.

If you are an adult suspected of DWI:

• Texas law deems that all persons who drive with Texas licenses have already conditionally agreed, after their arrest, to take a breath and/or blood test upon being properly requested to do so by a police officer. This deemed consent arises only where the person has driven in a public place. Examples of public places are public roads, highways, beaches, parking garages and other places where the public or a substantial part of the public may gain access. However, there is no such deemed consent, or as it is sometimes called "implied consent" for a urine test.
  
  
• Texas law provides that where the implied consent law is applicable, a person arrested for DWI may refuse to take the requested test. Such a refusal, however, may result in the following penalties:
  a). suspension of your driving privileges for 90 days for the first arrest for DWI.
  b). a 180 day suspension for a subsequent arrest if, in the first arrest you refused to submit to testing or had an alcohol concentration of .08 or greater,
  c). a one year license suspension if you have a prior conviction for DWI; and,
  d). the admission into evidence of your refusal to take the breath test in the subsequent DWI criminal trial. The purpose of this admission, from the prosecution's viewpoint, is to imply to the judge or jury, that the refusal was premised on the belief that the driver thought he was too intoxicated to pass the test.
  
  
• If you do submit to alcohol concentration testing and fail, your driver's license privileges can be suspended, and the test result may come into evidence in the criminal trial. The possible suspension periods are as follows:
  60 days if your driving record shows no prior alcohol related arrests,
  120 days for two or more prior arrests without a conviction, and
  180 days if you have a prior conviction.
  
  
• Does a person have a choice to refuse being video taped?
  No! There are, however, quasi exceptions. For example, although a person has no right to refuse being video taped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.
  
  
• May a police officer use force on a person to make him take a breath or blood test?
  Sometimes for blood but never for breath. An officer has authority to order a blood sample from an arrested person only if there has been an accident where a death has resulted, a death is likely to occur, or there has been a serious bodily injury.

All refusals may be used against you later, but so may the
evidence that you provided if you consent.

REMEMBER: Your refusal to take the intoxilyzer may result in your
license being suspended, but taking it and failing
may also result in your license being suspended.

CALL YOUR LAWYER IMMEDIATELY!!!

A knowledgeable attorney can assist an arrested person in being released from jail by arranging for or posting bond. Having your lawyer present, either in person or by telephone, may also deter the police from intentionally violating your rights and may help prevent the police from negligent violations of them too.

Everyone arrested for DWI who has taken the police breath or blood test has a statutory and/or due process constitutional right to a second independent blood test by their own doctor if the test can be performed within two hours of the arrest. Thus, a lawyer may offer additional benefits to an arrested person because the lawyer has a greater opportunity to arrange for and coordinate such a blood test than does the person in jail for DWI.

A lawyer may also offer advice as to whether or not it would be beneficial to answer questions, perform exercises, or to make a statement explaining and proclaiming your innocence while you are being video/audio recorded by the police.

You can help yourself before and after an arrest by remaining CALM and POLITE and by saying you want to talk to your lawyer.

Link to Texas Crimes & Punishments

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ABA CANONS OF PROFESSIONAL ETHICS
Canon 5

The Defense or Prosecution of Those Accused of Crime

It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise innocent persons, victims only of suspicious circumstances, might be denied proper defense. Having undertaken such defense, the lawyer is bound, by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, but by due process of law.

The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The supression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible.

edward@garrison-law.com

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©1999-2007, Edward Wade Garrison, Lawyer, Mediator, Attorney at Law, principal office in San Antonio, Texas. All information contained within this web site is provided for information purposes only and does not constitute legal advice. No attorney-client relationship exists from the use of this web site, and an attorney-client relationship may only be established by contracting directly with Edward Wade Garrison, Lawyer, Mediator, Attorney at Law. Graphics and material within this web site are either in the public domain or are copyrighted and may not be reproduced in any form without the express permission of Edward Wade Garrison, Lawyer, Mediator, Attorney at Law.

Licensed by the Supreme Court of Texas

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G a r r i s o n L a w
(210) 733-4291