DWI FAQ

Navigating a DWI charge can feel overwhelming and intimidating. Below are answers to some of the most common questions our clients ask us about DWI cases here in Texas.

1. What is a DWI in Texas?
A DWI (Driving While Intoxicated) means operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or when alcohol or drugs impair your mental or physical faculties. It’s a serious offense with harsh penalties, even for a first-time conviction.

2. What happens if I get arrested for DWI?
After a DWI arrest, you’ll face two separate processes: the criminal case (which can lead to a number of things including fines, jail time, and probation) and an administrative license revocation (ALR) hearing to decide if your driver’s license will be suspended. It’s crucial to act quickly, as you only have 15 days from your arrest to request an ALR hearing.

3. Will I lose my driver’s license?
Possibly. If you don’t request an ALR hearing within 15 days, your license will be automatically suspended. Even if you do request a hearing, you may still face suspension if you refused or failed a breath or blood test. However, you may be eligible for an occupational driver’s license to keep driving for essential needs.

4. What are the penalties for a DWI conviction?
Penalties depend on whether it’s your first offense, your BAC level, and other factors. A first DWI can mean up to 180 days in jail, up to a \$2,000 fine, and a one-year license suspension. Penalties increase with additional convictions, a high BAC, or if there’s an accident involved.

5. Can I fight a DWI charge?
Absolutely, you sure can. Many defenses are available, from challenging the traffic stop to disputing breath or blood test results. Every case is unique, and an experienced DWI lawyer can thoroughly review the facts and build a strong defense to protect your rights.

6. Do I need a lawyer for a DWI?
Yes. A DWI conviction can impact your freedom, job, finances, and reputation. Having a skilled DWI lawyer by your side can make a huge difference in minimizing penalties or even getting the case dismissed.

7. I'm a professional (teacher, doctor, professor) is there a way I can still have a driver's license to get to and from work?
It's possible that you might be eligible for am Occupational Driver License. For more details on what that entails, click here.

8. Can I refuse a breathalyzer test in Texas?
Yes, but refusal may result in automatic license suspension under the state’s Implied Consent law. Additionally, your refusal could be used as evidence against you in court.

9. Can I avoid jail time for a DWI first offense?
It may be possible to avoid jail time, especially if it’s your first offense. Alternatives such as community service, probation, or education programs are often options with proper legal representation.

10. Can a DWI conviction in Texas be expunged from my record?
A DWI in Texas typically cannot be expunged unless your case is dismissed or you are acquitted at trial. However, lesser charges or probation may be eligible for non-disclosure under specific circumstances.

Ready to Fight for Your Future?

If you’re facing a DWI charge, don’t go it alone. We’ll answer your questions, explain your options, and craft the best possible defense for you. Call us today for a confidential consultation. Let’s protect your rights and your future.

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