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Austin Criminal Lawyer

Frequently Asked Questions

Q: When the arresting officer in my DWI case asked for a breath test, I insisted on consulting an attorney first. The officer did not allow me to contact an attorney. Was his action justified under the law?

A: Under the current state of the law, yes. Texas courts have held that a DWI arrestee is not entitled to the advice of counsel in making the decision whether to take an alcohol test.

It should be noted that your failure to take the test in this circumstance is considered an alcohol test refusal resulting in a possible suspension of your driver’s license. However, in the event of a DWI trial your attorney can argue that you really weren’t refusing the test, you just wanted to make a fully informed decision on an obviously serious legal matter. This will be more understandable to the jury than an outright refusal.


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