DWI FAQ'S
FREQUENTLY ASKED QUESTIONS ABOUT
DWI'S IN TEXAS
For most people, a DWI is simply the result of a wrong move or honest belief that their blood alcohol content (BAC) was below the .08 legal limit. No one plans to get pulled over for drunk driving, which is why many people are not prepared for the situation.
While you should only rely on the advice of an attorney for your specific case, below are some of the common questions our clients ask about DWI charges and our general responses.
A minimum of 3 days to 180 days confinement, max $2000 fine (unless a child is in the car) and license suspension of 90 days to one year.
Minimum jail term of 30 days to one year, maximum of $4,000 fine (unless a child is in the car), license suspension of 180 days to two years and ignition interlock device.
2-10 years in the Texas Department of Corrections, maximum of $10,000 fine, license suspension of 180 days to two years and ignition interlock device.
The Texas Department of Public Safety (DPS) will attempt to suspend your driver’s license for 90 to 180 days depending on if you refused or consented to give a sample of breath of blood.
Yes, but you have no more than 15 days from the date of your arrest to request a hearing.
No. There are many ways to defend against a breath test, including challenging the reliability of the test results or the legality of the initial traffic stop.
When you choose to drive in Texas, by law, you agree to submit to a chemical test when you are pulled over with probable cause, otherwise known as implied consent. You can always refuse a test, but the implied consent law means that you will be potentially subject to a fine and license suspension for a minimum of 180 days.
You could. These are often required in drunk or drugged driving cases.
Possibly. It is often required in cases involving an accident, if a child was in the vehicle or if you have a prior DWI on your record.
There is no “look-back” period for prior offenses. This means that if you have ever been convicted of a DWI, even if it was 30 years ago, it can still be used to enhance penalties in a current drunk driving case.
You are responsible for paying all fees to have the device installed and maintained throughout the course of the required period.
The legal limit for driving for those who are under 21 is .02 BAC, which means you can be charged with driving under the influence (DUI) or DWI. You could also face additional fines and penalties for charges such as underage drinking, minor in possession, child endangerment if there are other minors in the vehicle, possession of false identification if you have a fake ID, soliciting alcohol and other moving violations, depending on the circumstances. Many insurance companies drop coverage after an underage DUI, refuse to renew a policy or raise the monthly premium, sometimes as much as several hundred dollars. You need proof of insurance to renew your driver’s license.
Even if you are not on duty at the time, you could lose your CDL. The legal limit for commercial drivers is .04 BAC.
Yes. If you are stopped on federal property, such as a military base, your case will be prosecuted in federal court before a judge, not a jury.
Statutory fines based on the level of offense (mentioned above) are not the only expense associated with a DWI. You must also pay court fees and costs related to hearings, ignition interlock devices, treatment or vehicle safety classes and surcharges paid to DPS (up to three years) for the renewal of your license.
Yes. Our initial consultations are free. We offer extremely competitive rates and work with you to come up with a payment plan that you can afford. With our help, you may also be able to reduce the criminal fines and other costs, making hiring us an even wiser financial decision.
Still Have Questions About A DWI Arrest? Call Today For A Free Consultation.
If you have been stopped for DWI, you need a serious drunk driving defense. Contact us immediately to get started building your case. We offer free initial consultations to all prospective clients. Moreover, we answer our phones and respond to messages 24/7. Call our office in San Antonio at 1-888-WE-FIGHT and 210-224-8200 or email us. We represent individuals pulled over across South Texas. Hablamos español.
