DWI FAQs

Texas DWI FAQ

What is DWI?

DWI stands for “driving while intoxicated.” Texas law defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more.” “Alcohol concentration” means the number of grams of alcohol per: (a) 210 liters of breath; (b) 100 milliliters of blood; or (c) 67 milliliters of urine.

What must be proven for me to be convicted of DWI?

The State must prove beyond a reasonable doubt that you were operating a motor vehicle in a public place while intoxicated. For the State to prove you are intoxicated, they must present evidence to show you did not have the normal use of your mental or physical faculties. Or that you had an alcohol concentration of 0.08 or more.

I was arrested for DWI. Does that make me guilty?

No! Just because an officer brought you in for suspicion of driving while intoxicated doesn’t automatically make you guilty. People are wrongly arrested for DWI all the time. An officer only needs probable cause to make an arrest. A jury must have proof beyond a reasonable doubt. Remember, a DWI arrest is based on an officer’s opinion, and there are two sides to every story. Let us provide a thorough analysis and second opinion of your case to ensure your rights are protected. Jay Cohen is a certified practitioner and instructor of Standardized Field Sobriety Tests.

Can I save my driver’s license from suspension?

Maybe, but you have to act fast. You have just 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to save your license. That’s why it’s so important that you consult with an experienced DWI lawyer as soon as possible.

When should I hire a Houston DWI lawyer?

Now! You don’t have time to waste after a DWI arrest. Remember, you only have 15 days to request a hearing to save your license. If you miss that deadline, there’s nothing that can be done to fight your license suspension. Click here to schedule your 100% FREE case evaluation today!

Do I have the right to refuse the breathalyzer, sobriety tests, and blood testing?

Yes! However, because of implied consent law the state can try to take your drivers license for refusing these requested tests. If you refuse, your license could be suspended for 180 days if this is your first arrest for DWI. However, many argue that it’s harder for the prosecution to convict you of DWI because they don’t have any actual evidence to use against you.

What’s wrong with the breathalyzer anyway?

Simply put, they’re unreliable and inaccurate. Breathalyzers can’t accurately measure your BAC, they measure your BrAC. Instead, they can only estimate it, and with some breathalyzers having a margin of error as high as 30%, these devices just can’t be trusted to provide accurate results.

What are the penalties for getting a DWI in Texas?

The penalties for DWI in Texas are as follows:

First Offense

  • Fines up to $2,000
  • Jail time of 72 hours to 6 months
  • License suspension of 90 days up to 1 year

First Offense (BAC equal or greater than 0.15)

  • Fines up to $4,000
  • Jail time of 72 hours to 1 year
  • License suspension of 90 days up to 1 year

Second Offense

  • Fines up to $4,000
  • Jail time of 30 days to 1 year
  • License suspension of 6 months to 2 years

Third Offense

  • Fines up to $10,000
  • Jail time of 2 years to 10 years
  • License suspension of 6 months to 2 years

Driving with a Child Passenger (aged 15 or younger)

  • Fines up to $10,000
  • State Jail time of 180 days to 2 years

Will a DWI conviction always be on my record?

Yes. If you get convicted of DWI, that will stay on your record and follow you around forever. It could even prevent you from getting that dream job. That’s why it’s so important that you hire a well-qualified Houston DWI lawyer who will fight aggressively to help you beat these charges. Click here to schedule your 100% FREE case evaluation today!

Will I have an ignition interlock or breathalyzer as a bond condition?

The Court will likely require a breathalyzer as a condition of bond if you have a previous DWI conviction. Some Harris County Courts require a breathalyzer while on bond for a first offense DWI. Usually for your first offense a breathalyzer is only required as a condition of bond if there is an accident, or a high breath or blood test.

Have a question that’s not answered here? Contact us today for further assistance!