Baker and Dameron - The Fort Worth DUI Attorneys to Call

When Stopped For DUI Suspicion in Fort Worth, Should I Take Sobriety Tests?

Even if you have not had anything to drink, performing the field sobriety test may not be in your best interest. If you do not perform well, even if you drank nothing, the police may say you were under the influence of another drug. If you have been drinking, then the police will note that you had the odor of alcohol on your breath and you did not perform well on the field sobriety test.

Should I Submit to an Intoxilyzer Machine For the Breath Test in Fort Worth / Tarrant County area?

If you do provide a sample, you may be providing the police with evidence they can use to convict you of DUI. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. Even if you blow under .08, you may still be charged with DUI! The machine has been proven to be faulty and has an acceptable rate of error. If the machine is not calibrated correctly, it may measure your alcohol level incorrectly.

Will I Lose My Driver License?

If you take the breath test and the Intoxilyzer machine registers over .08, DPS will attempt to suspend your license for 90 days for a first DUI arrest.

If you refuse to take the breath test after having been arrested for a first time Fort Worth DUI, DPS will attempt to suspend your license for 180.

DPS will seek longer driver's license suspension periods if it is a second or subsequent arrest for DUI, whether you provide or refuse the breath/blood test.

You have the right to have an administrative hearing to challenge the Driver License suspension. The hearing must be requested within 15 days of your arrest or you will have waived your right to the hearing. If you do not request the hearing within 15 days, your license will automatically be suspended 40 days after you were arrested.

Can I Drive During the Suspension Period?

You are required to obtain an Occupational Driver's License sometimes referred to as a hardship license or a work permit) during the suspension period if you want to drive legally. If you are arrested for a second or subsequent DUI there may be a hard suspension waiting period during which time you will not be eligible for an occupational driver's license.

Can the DUI Attorneys at Baker & Dameron, LLC help me get an occupation driver's license?

Yes, we can petition the court to grant you an Occupational Driver's License. We will take the time and find out exactly what your driving needs are so that we can include all of your essential driving needs in the petition for an Occupational Driver's License. Remember whether your are charged with DUI in Fort Worth or any other City in Tarrant County, we can help! We will fight on your side to help protect your rights.

Do I Receive an Actual Occupational Driver's License from the Court?

The court grants an Order. After obtaining an Occupational Driver's License Order from the Court, there are additional steps. The Order from the court is only valid for 30 days. The driver must immediately mail their Occupational License Order to the Department of Public Safety in Austin and the DPS will send the driver the paper license. The driver must send the following documents to the DPS:

• SR-22 Insurance (this is a form from an insurance company verifying the driver is insured)
• Certified copy of the Order granting the occupational driver's license
• Reinstatement fee of $125
• $10 per year fee for the brown occupational driver's license
• Completed SR37 Form

Can I Go To Jail?

Whether or not you go to jail depends upon a variety of factors. Among these are your prior criminal record and the individual factors in your case. However, for a typical first time DUI, going to jail is not the normal sentence.

What If I Wasn't Intoxicated?

Each person arrested for DUI has an absolute right to a jury trial. Many people arrested for DUI end up disputing the DUI allegation. Our law firm would be honored to represent you if you choose to go to trial.

Can I Get Out On Bond if I Am Arrested For DUI?

Yes. Each county handles bond and release procedures differently. In most counties you will be required to hire a bondsman or put up a cash bond to be released from jail. By the way, we are not only Fort Worth (Tarrant County area) DUI Attorneys but we are also can act as your Bail Bondsman.

How Do I Get My License Back After It Is Suspended?

You get your license back after your suspension expires and you pay the required reinstatement fee. Some individuals are required to have a SR-22 on file with the Department of Public Safety before their license can be reinstated. You must also be current on your DPS surcharge(s).

If I am Under 21 Will I Be Treated Differently?

Yes. Under our law, people under 21 are not legally allowed to drink. Typically, minors face tougher license suspensions and ignition interlock requirements than an adult.