Tyler Flood: Houston Drunk Driving Lawyer, DUI Arrest, Administrative License Revocation (ALR) hearing

Frequently Asked Questions

What should I do if I have a warrant for my arrest?
An arrest warrant is issued by a magistrate or a judge, and commands a law enforcement officer or some other person specifically named to arrest the person accused. If you, a member of your family or a close friend have a warrant for your arrest, contact the law firm of Tyler Flood & Associates, PLLC immediately. We can help resolve the warrant problem without you or your loved one being arrested and without you or your loved one having to turn yourself in.

What are my rights if I am are arrested?
If you are arrested, the police officer is required to take you in front of a magistrate within 48 hours and without unnecessary delay. The magistrate is required to inform you of:

The charges being brought against you
That you have the right to hire an lawyer
That you have the right to remain silent
That you have the right to have an attorney present during questioning by law enforcement or a prosecuting lawyer
That you have the right to terminate the questioning at any time
That you have the right to request a court appointed attorney, if you are indigent or cannot afford to hire an lawyer
The procedures for requesting a court appointed lawyer
That you have the right to an examining trial
That you are not required to make a statement and any statement may, can and will be used against you.

The magistrate is also required to allow you reasonable time and opportunity to consult with an attorney, and to be admitted to bail if allowed by law. If you or a loved one has been arrested for DWI, contact Tyler Flood & Associates, PLLC today.

How do I keep my license from being automatically suspended?
In order to keep your license from being automatically suspended, you must request an Administrative License Revocation (ALR) hearing to contest Department of Public Safety's contention that there was probable cause for your arrest. Houston drunk driving lawyer, Tyler Flood will represent you at your ALR hearing, and do all that is necessary to help you keep your license from being suspended.

Does the ALR hearing affect my criminal court case for DWI?
The short answer is No. The Department of Public Safety has the authority to try to suspend your license independent of anything that is happening with your DWI case in court. However, the criminal court judge can suspend your license for 6 months to one year, upon a final conviction of DWI, on the circumstances of your case.

Will I have to go to jail if this is my first DWI?
If you have a clean criminal record and there were no serious injuries resulting from your first misdemeanor DWI, you should not have to worry about doing any additional jail time. In Harris County, probation is an option as an alternative to jail time. Contact us, we will fight to protect your rights and keep you out of jail.

How does a DWI effect my criminal record, will I have a conviction if I receive probation?
All Texas DWI convictions, including those that result in probation, result in a final conviction on your record.

I have been arrested for my second DWI, will I have to serve jail time?
Texas DWI law results in at least 30 days in jail if you are convicted for a second DWI. An experienced Houston DWI attorney will fight to get this enhancement waived so there is no jail time. Tyler Flood & Associates, PLLC has handled many second time DWI cases and can help.

How much can I expect in fines if I receive probation?
A first time DWI conviction carries a maximum fine of $2,000 which can be paid monthly as a part of probation. Additionally, as of September 1, 2003, the Department of Public Safety assessed an additional penalty of a minimum of $1,000 per year for three years upon a final conviction for DWI.

Is a breath sample always correct?
Absolutely not. A breath sample from an Intoxilyzer machine can be inaccurate. Texas DWI attorney Tyler Flood is Nationally Certified in Sobriety Testing, and experienced at attacking the validity of breath test results. Contact our firm, we are ready to help you fight your DWI charge.

What if the arresting officer did not read me my rights until after I completed sobriety tests at the station?
This is a common question. Sobriety tests are generally considered non-testimonial in nature and Miranda Rights does not apply to non-testimonial evidence.