DWI FAQ: DWI Charges And Penalties In Texas

Get answers from a top San Antonio DWI attorney for common questions about DWI charges and penalties.

Every situation is unique, and we cannot give you the most accurate details about your case without a consultation. Call us today at 210-879-6503 or send us an email today.

What can cause the Breathalyzer to report a false positive for alcohol in my system?

It has been determined through tests that several things or conditions can cause the Intoxilyzer 5000 used to test your blood alcohol concentration to report a false reading of alcohol in your system. If you have GERD, or gastroesophageal reflux disorder, diabetes, extensive dental work, are on a high protein/low carbohydrate diet, or are exposed to certain chemicals at your job, the Breathalyzer can falsely report that you have alcohol in your system. In addition, burping immediately prior to the breath test can throw off the accuracy of your blood alcohol concentration reading because the test will read alcohol coming from your stomach rather than your bloodstream, as the test is designed to do.

Will I have to go to jail if I am convicted?

This depends on whether it is your first or a subsequent DWI. If it is your first DWI, and you complete all ordered classes and remain alcohol-free during the time your case is pending, you can avoid spending any time in jail. However, if you are being charged with a second or subsequent DWI, chances are you will have to serve some time in jail. This, too, can be avoided in some cases if your defense lawyer handles the case properly.

Can I fight my DWI?

Yes, DWI charges can be fought and won! All it takes is an attorney with advanced-level training in DWI defense and the right attitude. With a working understanding of all of the legal issues that intersect a DWI case, I have successfully fought and won many DWI cases throughout my career.

What does the DWI process involve?

The DWI process generally occurs in the following order: 1) initial traffic stop, 2) field sobriety tests are conducted roadside, 3) driver blows into breath testing device roadside, 4) driver is arrested and taken down to the station to be booked, 5) driver submits to a chemical test at the station in the form of a blood, breath or urine test, 6) arraignment where defendant pleads guilty or not guilty 7) defendant posts bail, 8) approximately 3 or 4 pretrial hearings, and 8) the DWI trial.

Can my license be revoked if I am convicted of DWI?

Yes, it can but the length of suspension depends upon the number of convictions. For example, upon a first offense the defendant can lose their license for up to a year. On a second offense or third offense they can lose their license for up to two years.

Will I be able to drive to work if I lose my license?

Depending upon the facts of your case, you may be eligible for a hardship or occupational license. This will allow you to drive to school or work and perhaps to court-ordered classes as well, in order to satisfy your sentence requirements. Typically, the court will allow this on a first offense where your license has been suspended due to a DWI.

What types of flaws can there be in a DWI case?

When it comes to DWI cases, there are many loopholes which an experienced DWI attorney can exploit. A good lawyer will know methods for attacking field sobriety test evidence, breath and blood tests, and they will know how to cross-examine police officers and prosecution experts.

Counsel must have an understanding of breath test equipment, hospital testing equipment, and instruments utilized in forensic laboratories in the process of testing for intoxicants, all of which are not infallible. Virtually any aspect of a DWI case can be challenged since both human error and mechanical error frequently enter into the equation.

What legal issues are involved in a DWI case?

DWI cases are complex and therefore require the assistance of a skilled DWI attorney who understands the scientific and legal processes involved in such cases. A DWI case involves many elements, including: search and seizure, due process, illegal interrogation, evidentiary issues, anatomy, biology, chemistry, physiology, and toxicology, as well as field sobriety tests, breath testing equipment, hospital testing equipment, etc.

Will my driver’s license be suspended immediately?

No, you won’t face license suspension immediately after a DUI arrest. However, it’s important to act quickly. Under Texas law, you have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to challenge the license suspension. If no hearing is requested, the suspension typically begins 40 days after the arrest.

How much jail time will I face for a first offense?

A first-time DWI (Class B misdemeanor) typically carries a sentence of 3 to 180 days in the Bexar County Adult Detention Center. However, if your blood alcohol content (BAC) is 0.15% or higher, it may be elevated to a Class A misdemeanor with up to one year in jail.

Can I refuse breath or blood tests?

Yes, you can refuse a breath or blood test during a traffic stop in Texas. However, the decision can come with consequences. Under the state’s implied consent law, refusing these tests can result in a six-month license suspension for a first offense.

Do I have to submit to field sobriety tests?

There are no penalties for politely refusing to field sobriety tests, which are conducted roadside. Since police officers use your performance on these tests to gain probable cause to make an arrest, any evidence captured on the officer’s dash cam will be used against you in court to secure a conviction. Because of this, it’s better to politely refuse to take the field sobriety tests. However, if you fail to submit to a chemical test in the form of a blood, breath, or urine test, your driver’s license will be automatically suspended.

How long will a DWI stay on my driving record in Texas?

A drunk driving conviction in Texas can remain on your driving record permanently. However, the impact on your insurance rates and other consequences, such as license suspension, may lessen over time. This can all depend on your driving behavior and subsequent record.