Best DUI Lawyers in McAllen

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in McAllen, Texas?

  The McAllen Police Department can be contacted for non-emergency matters at 956-682-4321.

• Where can I get a copy of police reports for incidents related to my case in McAllen, Texas?

  Applicants can get a copy of the police incident report by requesting the document:

  1. In-person visit at the McAllen Police Department's Records Division at 1601 N. Bicentennial Blvd, McAllen, Texas.
  2. By mailing a completed Public Information Request Form that can be obtained at https://mcallen.net/docs/default-source/pd/public-information-request-form.docx?sfvrsn=2, along with a self-addressed stamped envelope and payment for document-related fees addressed to: Crime Records Unit
     McAllen Police Department
     P.O. Box 220
     McAllen, Texas 78505-0220
  3. Through fax at 956-681-2081.
  4. By contacting the office at 956-681-2080 for inquiries.

• Can you get a DUI/DWI in McAllen even if you weren't driving when the alleged offense happened?

  You can be charged and convicted of DUI/DWI in McAllen even if you weren't behind the wheel because operating a vehicle includes both driving and actual physical control, according to Texas Administrative Code 159.3(14). If the authorities discover you near the steering wheel and the keys, they are more likely to suspect you have the potential ability and control of the vehicle.

• Is it mandatory for all McAllen drivers to submit to a blood draw at DUI/DWI checkpoints?

  The police cannot conduct a blood draw at a DUI/DWI checkpoint unless the suspect consents and unless the suspect is involved in a fatal accident that causes harm, injury, or death to other people. The officer can obtain a warrant from the judge ordering the defendant to submit a blood sample for intoxication testing at the hospital. Furthermore, according to the No Refusal Policy, submitting to the exam if requested is mandatory on weekends and holidays. Drivers who refuse the test face automatic license suspension.

• How do McAllen's DUI/DWI laws determine legal grounds for detaining or arresting a person?

  McAllen's DUI/DWI laws only require reasonable suspicion and probable cause for detention or arrest. An officer can detain a motorist and request that he submit to field and chemical sobriety tests if he has probable cause to suspect that the motorist has driven while intoxicated based on objective facts, such as erratic driving or behavioral signs of undue intoxication. However, for law enforcement to make an arrest, they must have probable cause, which is established by a preponderance of the evidence uncovered during the investigation.

• Under what conditions would the Department of Public Safety suspend or reinstate a driver's license in a McAllen DUI/DWI?

  The Department of Public Safety needs evidence of one or more of the following conditions to either suspend or reinstate your driver's license following a DUI/DWI arrest in McAllen:

  1. Did you register a blood alcohol level of .08 or greater?
  2. Did you decline to take a breathalyzer or blood test?
  3. Were you informed of the legal implication of refusing or failing a sobriety test?
  4. Did the police have reasonable suspicion for a DUI stop or probable cause for an arrest?
  5. Did the officer have reasonable grounds to suspect you were driving drunk?

• Will a blood alcohol content level below .08% still get you arrested for DUI/DWI in McAllen?

  Yes. A driver under the age of 21 who is caught with any amount of blood alcohol content in McAllen is automatically arrested for DUI. Those with a commercial driver's license who have a BAC of 0.4% or higher face DWI penalties. Furthermore, police have the discretionary authority to decide and conduct arrests of impaired or intoxicated drivers with BAC levels far below the legal limit of.08%.