The following are the most commonly asked
DWI questions and answers:
Can you get my DWI case dismissed?
Our number one goal in every case is to try and get the charges dismissed. With that said, every case comes with a different set of facts. Many things will have to be investigated to give you a better assessment of the State’s case against you. However, upon retaining our firm we will determine what evidence the State has against you and do everything we can within legal and ethical bounds to get you the best possible result.
When should I hire a criminal defense lawyer?
Immediately! Texas law requires that a request for a hearing to keep your license must be made within 15 days from the date of your DWI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best criminal DWI defense you need.
How much are your fees?
Our fees are very reasonable. However, each case is unique and we cannot provide a general quote online or over the phone without discussing the matter in detail with you. Please call us now at (713) 521-9955 to set an appointment for a free consultation so that we may discuss your case.
What method of payment do you accept?
We provide our client’s the ability to pay by credit card, cash, check and in some instances payment plans. Our fees in all DWI cases are on a flat fee basis. This way there is no hidden fee and the client knows the total cost up front.
How do I avoid being arrested for DWI?
Do not give a breath sample. The officer will most likely tell you that you will be arrested if you don't take the Breathalyzer, and that your license will be suspended. What they don't tell you is that if you blow over .08 (the legal limit) you will be arrested and your license will be suspended anyway.
DWI Survival Guide
What is the difference between DWI and DUI in Texas?
In Texas, Driving Under the Influence or DUI is an offense involving minors (anyone under the age of twenty-one). A minor can still be charged with a DWI however, an adult cannot be charged with a DUI in Texas.
What signs of intoxication do police officers look for after stopping someone on the roadside?
Police officers are taught by the National Highway Traffic and Safety Administration (NHTSA) to look for the following:
Flushed face
Leaning on car for support
Red, watery, glassy or bloodshot eyes
Being combative, argumentative or jovial
Odor of alcohol on breath while talking with officer
Disheveled clothing
Slurred Speech
Fumbling of wallet while trying to get license
Failure to comprehend officers questions
Lack of awareness with regards to time and place
Swaying while standing
Unable to follow police instructions
Unsteady on feet while exiting car
If I’m stopped by the police, should I answer any questions regarding drinking?
The short answer is “No.” You are not required to answer any questions regarding drinking. In this situation, a polite request to speak to your attorney before answering questions would be an appropriate response. Keep in mind that the officer is more than likely recording your discussion and actions on video without your knowledge from the moment you are pulled over.
What should I do if the police ask me to take “Field Sobriety Tests”?
Do not perform any Field Sobriety Tests. It is my experience that officers very rarely “ask” you to perform these tests, but rather tell you what to do. However, you do not have to consent to performing any of these tests where you are stopped or at the station when you are arrested. You can refuse. Performing any of these tests only helps build evidence for the State’s case against you.
Is a breath sample always correct?
NO. A breath sample from an Intoxilyzer machine can be inaccurate. There are several ways to attack the validity of the breath test results.
Are chemical and roadside tests always valid?
No. The following requirements must be followed for chemical and roadside tests to be valid:
The officer must have had a reasonable suspicion that you were violating the law.
The officer must have either had probable cause to arrest you or obtain your consent for
roadside tests.
The officer must inform you of your rights concerning a breath or blood test.
The officer must have probable cause before he arrests you and before he requires you to take a breath or blood test.
The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
What if the Arresting officer did not read me my rights until after I completed sobriety tests at the station?
This is a common question. Sobriety tests are generally considered non-testimonial in nature and Miranda does not apply to non-testimonial evidence.
What effect will this arrest have on my license and when will I be able to drive?
If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time. If you refused a breath test, your license may be suspended for 6 months (180 days). If you submitted to a breath test and you were over .08, then your license may be suspended for 3 months (90 days).
How do I keep my license from being automatically suspended?
In order to keep your license from being automatically suspended, we will request an Administrative License Revocation (ALR) hearing to contest DPS's contention that there was probable cause for your arrest. WARNING: You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest or your license will be automatically be suspended.
What happens if I drive while my license is suspended?
You could be charged with the offense of Driving While License Suspended (DWLS), a Class B Misdemeanor. This is in addition to and completely separate from the DWI charge. DWLS is punishable by not less than 3 days and not more than 180 days in jail and a fine not to exceed
$500.00. If you get a second DWLS it can be enhanced to a Class A misdemeanor – maximum of 1 year in jail and a fine of not more than $4,000.00.
What is an occupational or restricted license?
If you are convicted of a DWI or if your license is suspended by DPS you may still be eligible to receive an occupation or restricted license. An occupational license is a restricted license authorized by a Court and issued to persons whose license has been suspended or revoked. This occupational or restricted license authorizes a person who would otherwise not be allowed to drive, the ability to drive a non-commercial motor vehicle in connection with a person’s work, for educational purposes or in the performance of essential household duties.
What must the District Attorney prove to find you guilty of DWI?
The District Attorney must prove beyond a reasonable doubt that you were:
Operating a motor vehicle in a public place in the state of Texas;
While your blood alcohol level (BAC) was over the prescribed limit (.08 or higher);
By the introduction of alcohol, a drug, or a combination thereof into the body; or
That you lost the normal use of your physical or mental faculties.
What is the point of an Administrative License Revocation (ALR) Hearing?
There are two major benefits to requesting an ALR hearing. The first benefit is that it saves your license from immediate suspension and if we win at the hearing you will get your license back. The second benefit of an ALR hearing is that it provides us an opportunity to conduct discovery and to learn the testimony of the officer before the District Attorney coaches them.
Does the ALR hearing effect my criminal court case for DWI?
The short answer to this question is “No”. DPS will try to suspend your license independent of anything that is happening with your case in court.
Additionally, upon a final conviction of DWI, the criminal court judge can suspend your license anywhere from 6 months to one year depending on your age and the circumstances of your case, prior convictions, etc.
Will I have to go to jail if this is my first DWI?
If you have a clean criminal record and there were no serious injuries in your first misdemeanor DWI, you should not have to worry about doing any additional jail time. In Harris County, probation is an option as an alternative to jail time.
How does a DWI effect my criminal record, will I have a conviction if I receive probation?
For DWI's in Texas, even if you receive probation, you will have a final conviction on your record. The law states that on your second DWI, you must spend at least 30 days in jail if you are convicted. However, this enhancement can sometimes be waived.
How long will a DWI arrest stay on my record?
If you are convicted for DWI, even if you receive probation, it will remain on your record FOREVER. If you are found “Not Guilty” at your trial or if your case is dismissed, you can have the arrest and the DWI charge “expunged” from your record. Deferred Adjudication is not available for a DWI in Texas.
What things should I consider when deciding to go to trial?
When deciding to go to trial you should consider the weaknesses and strengths of the State's case against you as well as the effect of a conviction.
What should I expect from a lawyer?
Your lawyer should conduct a thorough investigation of the facts of your case.
He should be able to prepare and conduct a rigorous cross-examination of the State's witnesses. In most cases, this is the most important part of the trial.
He should have a comprehensive understanding of constitutional rights, how they may be violated and how to protect those rights.
He should have experience in the type of case you are hiring him for.
DWI SURVIVAL GUIDE - 5 IMPORTANT TIPS
Don’t Blow. Do not consent to a breath or blood test, if you are asked to take one. You have the right to refuse taking a breath or blood test.
Don't perform any Field Sobriety Tests. You do not have to consent to performing any Field Sobriety Tests at the scene where you are stopped or at the station when you are arrested. You can refuse.
Don't lean against the car or anything else. Every little thing you do is being observed by the officers and anything that shows intoxication will be used against you in Court.
Don't say anything or answer any questions other than your name and address. Any statements you make will be used against you in Court.
The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
