Let us answer your Texas DWI Questions

Texas DWI Questions

5 steps in your DWI arrest: Now what happens?

5 steps in your DWI arrest: Now what happens?

Getting arrested for DWI in Texas may be one of the most stressful and traumatic events in your life. Although a first offense DWI is still a misdemeanor, it’s nothing like getting a traffic ticket and for people who have...

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What is DWI and its potential punishment?

What is DWI and its potential punishment?

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in...

read more

What is DUI and its potential punishment?

What is DUI and its potential punishment?

Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a...

read more

What are the penalties for DWI in Texas?

What are the penalties for DWI in Texas?

The penalties for DWI in Texas DWI are: A First-Offense conviction will less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s...

read more

What is DWI 2nd and the potential punishment?

What is DWI 2nd and the potential punishment?

DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old...

read more

What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?

What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?

  The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is "a civil administrative process unrelated to criminal court proceedings, in which...

read more

What is a felony DWI?

What is a felony DWI?

Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. A felony conviction can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. There are...

read more

What is a DWI 3rd or more and the potential punishment?

What is a DWI 3rd or more and the potential punishment?

According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in...

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What is DWI with child and the potential punishment?

What is DWI with child and the potential punishment?

DWI with child passenger is a very serious charge. According to the State of Texas, DWI with a child passenger is when: a person commits a offense if the person operates a motor vehicle in a public place; and, the vehicle...

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Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

Do I need a lawyer to help me in a DWI prosecution and an ALR proceeding?

Absolutely! You should have legal representation in your Administrative License Revocation or ALR hearing. According to the State of Texas, the ALR Program is "a civil administrative process unrelated to criminal court proceedings, in which individuals arrested for driving while intoxicated...

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What is intoxication assault and its potential punishment?

What is intoxication assault and its potential punishment?

Intoxication assault is when you cause serious bodily injury to another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by...

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What is intoxication manslaughter and the potential punishment?

What is intoxication manslaughter and the potential punishment?

Intoxication manslaughter is when you cause the death of another person by accident or mistake, either while committing the act of BWI or FWI or while operating a motor vehicle while intoxicated in a public place (DWI), and by reason...

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What is DWI probation?

What is DWI probation?

DWI probation is a contract between you and the court when you are convicted of crime in which the judge suspends your jail sentence, does not make you pay the entire fine, and does not take away your driver’s license as long...

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What is BWI and the potential punishment?

What is BWI and the potential punishment?

BWI or boating while intoxicated is when you commit an offense intoxicated while operating a watercraft. A BWI is just as serious a charge as a DWI, and its punishments are exactly the same as for DWI, including the same...

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Are crimes of DWI and public intoxication (PI) in Texas different, and if so, how?

Are crimes of DWI and public intoxication (PI) in Texas different, and if so, how?

Yes, the crimes of DWI and public intoxication in Texas are very different. Specifically, the statutory definitions of the term “intoxicated” are not equal in regard to the two charges. The DWI intoxication definitions (loss of normal mental or physical faculties...

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What is the Loss of Normal Use Myth?

What is the Loss of Normal Use Myth?

The Loss of Normal Use Myth begins with the reoccurring story that begins with a responsible citizen finding themselves handcuffed in the back of a police car. They tell us they took steps to ensure they would never be arrested for DWI....

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What is the Blood and Breath Testing Myth?

What is the Blood and Breath Testing Myth?

As discussed earlier this series, there are many intricacies involved in the DWI laws in Texas. Defense attorneys in Houston often hear client stories that could have been prevented if the person had a clearer understanding of the law. No where...

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What is the DWI Drugged Driving Myth?

What is the DWI Drugged Driving Myth?

There are many myths surrounding the DWI laws in Texas. Criminal attorneys in Houston often hear about situations that could have been prevented if the client had a clearer understanding of the law. No where is this truer than with...

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What are the penalties for driving with a suspended Texas drivers license?

What are the penalties for driving with a suspended Texas drivers license?

If you have a suspended Texas drivers license because you declined a chemical test or because you were convicted of DWI, the penalties can vary. Driving while license suspended (DWLS) is a misdemeanor and: has a punishment range of 3 days to...

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What can cause my commercial driver’s license to be suspended?

What can cause my commercial driver’s license to be suspended?

If you own a commercial drivers license or CDL, it may be suspended for 1 year (or 3 years if transporting hazardous material at the time) if you are convicted of: operating a commercial or noncommercial motor vehicle while intoxicated...

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What happens to my pilot’s license if I’m arrested for DWI?

What happens to my pilot’s license if I’m arrested for DWI?

DWI and pilot license do not mix. The penalties are severe and potentially career ending. If you are a licensed pilot and you’ve been convicted of DWI, you must file a pilot’s first-class medical application and report your status within 60 days of...

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What does “intoxicated” mean?

What does “intoxicated” mean?

You need not be drunk to be “intoxicated,” but if you are drunk, you must be intoxicated. "Intoxicated" Defined “Intoxicated” is defined by the DWI statute in three ways: First, you are “intoxicated” when you have lost the normal use...

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What is the Difference Between Impaired Driving and Drunk Driving?

What is the Difference Between Impaired Driving and Drunk Driving?

In Texas, there is a difference between impaired driving and drunk driving. It is a crime to do either, but the way the state defines intoxication is having lost the normal use of mental or physical faculties. And you don’t...

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How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?

How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?

A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal,...

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Whose “normal mental and physical faculties” are we judged by, and what is “normal”?

Whose “normal mental and physical faculties” are we judged by, and what is “normal”?

According to the Texas DWI statute, “normal mental and physical faculties” refer to those of the particular person who has been arrested. The term does not refer to the normal faculties of the arresting officer, of the jurors, or of...

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What is .08 alcohol concentration?

What is .08 alcohol concentration?

Alcohol concentration in DWI is defined by the statute as the number of grams of alcohol per 100 milliliters of blood; or the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol...

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Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Is it .08 or more when I drive or .08 or more at the time I’m tested, or both, that will make me guilty of DWI?

Our DWI law in Texas requires the prosecution to prove that you were .08 BAC or blood alcohol content at the time of driving in order to convict you. A subsequent breath or blood test can yield three possibilities in...

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If I take a breath and/or blood test and the alcohol concentration (BAC) is LESS THAN .08, can I still be convicted and/or lose my license?

If I take a breath and/or blood test and the alcohol concentration (BAC) is LESS THAN .08, can I still be convicted and/or lose my license?

Yes. Where a DWI breath test does not show intoxication (i.e., it shows .00, .02, .06, etc.), it is often the case that the prosecution will still proceed under the theory that intoxication was present and caused by a drug,...

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If I take a breath and/or blood test and the alcohol concentration (BAC) is .15 OR MORE, what are the ramifications?

If I take a breath and/or blood test and the alcohol concentration (BAC) is .15 OR MORE, what are the ramifications?

If submit to a DWI blood test or breath test and your alcohol concentration (BAC) comes back as 0.15 or higher, your charge can be enhanced from a DWI class B misdemeanor to a DWI class A misdemeanor, which may...

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How accurate and reliable are the police dwi tests used to determine alcohol concentration?

How accurate and reliable are the police dwi tests used to determine alcohol concentration?

When we talk about police DWI tests, Texas law provides that alcohol concentration testing can be performed by analysis of a DWI suspect’s urine, blood, or breath. All three of these testing methods, however, leave much to be desired. Police...

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How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

The Field Sobriety Test (FST) consists of three tasks that a police officer administers to a driver who is suspected of driving under the influence of alcohol. These guidelines are issued by the National Highway Traffic Safety Administration (NHTSA). According...

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What is a no-refusal weekend?

What is a no-refusal weekend?

The term “ no-refusal weekend ” is a misnomer. It was coined by law enforcement to advertise that police agencies would ask for a search warrant to seize a blood sample from a driver where a breath test was refused....

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Before I’m arrested for DWI, am I required to take a breath, blood, or urine test when requested by a police officer?

Before I’m arrested for DWI, am I required to take a breath, blood, or urine test when requested by a police officer?

Maybe and no. Our law deems that all persons who drive with Texas licenses have already conditionally agreed, AFTER their DWI arrest, to take either a breath or blood test upon being lawfully arrested, and provided orally and in writing...

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What is implied consent, and do I have a choice to refuse a breath or blood test?

What is implied consent, and do I have a choice to refuse a breath or blood test?

Our law provides that where there is implied consent, the arrested person may refuse to take the requested test absent a search warrant. Where you refuse, penalties may follow depending on whether you have had any prior “alcohol-related or drug-related...

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What is the debate over the Intoxilyzer 5000 EN’s accuracy and reliability?

What is the debate over the Intoxilyzer 5000 EN’s accuracy and reliability?

Police say that the Intoxilyzer 5000 EN will show only a result of the breath tested and that breath only comes from deep lung air. Non-police scientists disagree. They say that the Intoxilyzer often misreads other commonly found substances in...

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What is the Intoxilyzer 9000?

What is the Intoxilyzer 9000?

Texas is currently replacing the Intoxilyzer 5000 EN and transitioning to the Intoxilyzer 9000 for breath alcohol testing. According to the manufacturer, the device works on the basis of infrared light absorption by alcohol detected in a person’s breath. According...

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What is a portable breath test (PBT)?

What is a portable breath test (PBT)?

A portable breath test device, or PBT, is an electronic alcohol breath tester. It is generally the size of a cigarette package and is carried by the officer in the field as a tool to help him determine whether a...

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What special conditions are placed upon bond for DWI in Texas?

What special conditions are placed upon bond for DWI in Texas?

For a first offense, DWI bond conditions are a matter of discretion for the court. However, if you are charged with a subsequent offense of DWI in Texas or a first offense of intoxicated assault or manslaughter in Texas, you...

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Do I have a choice to refuse being videotaped?

Do I have a choice to refuse being videotaped?

No, you have no right to refuse being videotaped. However, you do have the right to refuse to perform any police field sobriety exercises and to refuse to answer any interrogation questions. Unlike breath or blood test refusals, there is...

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Do I have a choice to refuse to perform police field sobriety testing?

Do I have a choice to refuse to perform police field sobriety testing?

Yes, you can refuse the police field sobriety tests. Police officers have many tools that they use to help them determine whether a person is intoxicated for DWI purposes. Field Sobriety Tests: Tools of the trade Many of these tools...

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What is a standardized field sobriety test?

What is a standardized field sobriety test?

A standardized field sobriety test (SFST) is a police tool to help the officer try to identify an intoxicated driver. The three SFSTs are as follows: The horizontal gaze nystagmus (HGN) test The one-leg stand test The walk and turn...

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Is it legal to drive a motor vehicle while drinking an alcoholic beverage, and if not, what are the penalties?

Is it legal to drive a motor vehicle while drinking an alcoholic beverage, and if not, what are the penalties?

No, it is not legal to be driving while drinking and alcoholic beverage. It is a class C misdemeanor for you to operate a car while you personally possess an open alcoholic beverage container. This penalty, as noted earlier, increases...

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Can a passenger have an open container in a motor vehicle while it’s being driven?

Can a passenger have an open container in a motor vehicle while it’s being driven?

No. The State of Texas prohibits any passenger from having an open alcoholic container in a passenger area of the vehicle unless the person is a passenger in the living quarters of a motor home, a limousine, a bus, a...

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Do I have the right to use the telephone to call an attorney for DWI assistance?

Do I have the right to use the telephone to call an attorney for DWI assistance?

No. There is no statute or court decision that provides that the police must allow you access to a telephone in order for you to speak to a attorney for DWI assistance and advice. However, you do have the right...

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If I’m arrested for DWI, when do I have an absolute right to an attorney?

If I’m arrested for DWI, when do I have an absolute right to an attorney?

Under our federal and state constitutions, you have an absolute right to an attorney at your trial if you are arrested for DWI. However, such is not the case in every pretrial stage which precedes the trial. Indeed, in some...

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What can a knowledgeable DWI attorney do for me immediately after I’ve been arrested?

What can a knowledgeable DWI attorney do for me immediately after I’ve been arrested?

A lot. A knowledgeable Houston DWI attorney can assist you in being released from jail by arranging for or posting bond if you’ve been arrested. Also, it should be noted that all persons arrested for DWI who have taken the...

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If I refuse a breath and/or blood test, or if I’m found to have an alcohol concentration of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended?

If I refuse a breath and/or blood test, or if I’m found to have an alcohol concentration of .08 or more at the time of vehicle operation, can anything be done to prevent my license from being suspended?

Yes. Law enforcement officers can seize your driver’s license if you have refused or failed a breath and/or blood test. If this happens, the officer should also issue you a temporary driving certificate authorizing you to drive legally for 40...

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What is a DWI surcharge?

What is a DWI surcharge?

A DWI surcharge is an administrative penalty charged by the Texas Department of Public Safety as a fee for you to maintain your driver’s license after you have either suffered a DWI conviction or submitted to a breath and/or blood...

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Can Texas suspend my license if I received a DWI in another state?

Can Texas suspend my license if I received a DWI in another state?

No. Texas cannot suspend your license if you receive a DWI in another state, but it can, however, prevent you from applying for a Texas license during the period of suspension. It can also notify the state issuing your license...

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What if I have a prior DWI conviction?

What if I have a prior DWI conviction?

If you have a prior DWI conviction, the prosecution can use offenses from 10, 20, even 30 years ago to enhance your current DWI conviction, which increases the grade of the DWI offense you are presently being prosecuted for. This...

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What if I have multiple DWI cases pending?

What if I have multiple DWI cases pending?

If you have multiple DWI cases pending, the prosecution may use those offenses as punishment evidence against you in trial, revoke your bond on the initial DWI charge, or recommend a harsher penalty for a DWI conviction.

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How long can the state use a prior DWI convictions against me?

How long can the state use a prior DWI convictions against me?

If you have prior DWI convictions, the prosecution can use offenses from 10, 20, even 30 years ago to enhance your current DWI conviction, which increases the grade of the DWI offense you are presently being prosecuted for. This increases...

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Are there Texas DWI immigration consequences associated with a DWI conviction?

Are there Texas DWI immigration consequences associated with a DWI conviction?

The short answer is maybe. In some circumstances, a DWI conviction can prevent you from entering certain countries, such as Canada. Also, certain felony DWI-related convictions could lead to the deportation of non-citizens in certain situations.

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Let us answer your Texas DWI Questions

Texas DWI Questions

  • What is DWI and its potential punishment?
  • What is DUI and its potential punishment?
  • What are the penalties for DWI in Texas?
  • What is DWI 2nd and the potential punishment?
  • What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?
  • What is a felony DWI?
  • What is a DWI 3rd or more and the potential punishment?
  • How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?

Answer

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in...

read more

Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a...

read more

The penalties for DWI in Texas DWI are: A First-Offense conviction will less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s...

read more

DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old...

read more

  The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is "a civil administrative process unrelated to criminal court proceedings, in which...

read more

Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. A felony conviction can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. There are...

read more

According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in...

read more

A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal,...

read more

Past Results from actual DWI clients

President of brokerage firm was arrested driving home after a meeting with colleagues. Registered a .19 blood test. - DWI Case Dismissed.

dismiss

Business owner was arrested for DWI while driving home after company birthday party. - DWI Case Dismissed.

dismiss

College student was arrested for DWI on beach over spring break. Failed blood test. - DWI Case Dismissed.

dismiss

Retired dentist was arrested for DWI after meeting up with friends at local bar. Failed breath test. - DWI Case Dismissed.

dismiss