The Woodlands, TX DWI Law Firms & Lawyers

Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.

Unless there are extreme aggravating circumstances (such as someone getting hurt or your fleeing the scene of an accident), you are highly unlikely to get actual jail time for a first-time DWI. Get a lawyer (a court-appointed one if you're poor enough, though it's always better to hire a lawyer if you can) and follow his or her advice.