DWI/DUI ATTORNEY & CRIMINAL DEFENSE ATTORNEY
Texas DWI FAQ
- What is DWI? DWI is an abbreviation for "driving while intoxicated." Intoxication may be determined either by officer opinion (based on roadside tests, your demeanor, and other factors) and/or your blood alcohol content (BAC).
- What is the legal limit in Texas? The legal BAC limit in Texas is .08. If you operate a motor vehicle while having a BAC of .08 or higher, you'll be charged with a DWI. However, not all BAC tests are accurate, so it's always best to have your DWI attorney examine all test results and other evidence.
- If I get arrested for DWI am I automatically guilty? Absolutely not! Many DWI cases are based on one officer's opinion. Remember, officers are humans too. As humans, they're prone to making mistakes just like the rest of us. That's why it's important to get a qualified second opinion from an experienced DWI attorney. Just because you're charged with a DWI doesn't mean you're guilty. Take a look at my DWI case studies to see my success in recent cases.
- Is the breathalyzer accurate? In a word: no. See, breathalyzers don't actually measure your BAC—they simply estimate it. An estimate is far from an exact measurement. In fact, at least 23% of those tested with a breathalyzer will have a BAC reading higher than their actual BAC. Some breathalyzers have a margin of error as high as 30%. The key is to find a DWI attorney who can interpret these results and point out their inaccuracy in court.
- Are the field sobriety tests reliable? Unfortunately, the field sobriety tests aren't much more reliable than the breathalyzer. Even the most accurate DWI test (the combined horizontal gaze and walk and turn) is still inaccurate 20% of the time. Other field sobriety tests—like the one leg stand—are inaccurate up to 35% of the time. Sober people can fail these tests because they're nervous or they simply don't understand how the tests work. It's important to find a DWI attorney who understands the fallibility of these tests and who can dispute these results in court.
- Does it matter which attorney I choose? Yes! In fact, the attorney you choose just might be the most important decision you make. DWI law is highly technical, and not all lawyers are qualified to handle these cases. The attorney you choose needs to have an extensive track record of success in DWI cases. They need to understand the field sobriety tests better than the officer who arrested you. A good DWI lawyer is an investment in your future.
- What are the Texas DWI penalties? Each case is unique, but here are the basic guidelines for being convicted of a Texas DWI.
- First Offense - You can be fined up to $2000. You could also spend from 72 hours to 6 months in jail. Lastly, your license will be suspended for at least 90 days.
- Second Offense - For your second DWI offense, the consequences are even harsher. Your fines go up to $4000, and you could spend from 30 days to one year in jail. Your license will also be suspended for up to 2 years.
- Third Offense - If convicted of a third DWI, your fines will range up to $10,000. You'll also face a jail sentence of 2 to 10 years, and your license will be suspended up to 2 years.
- How do I save my driver's license? In Texas, after you've been accused of a DWI, you have just 15 days to request a hearing to save your driver's license. If you fail to meet this deadline, your driver's license will automatically be suspended. At this hearing, the Department of Public Safety must prove the officer has reasonable suspicion and probable cause to arrest you. If you refused the field sobriety tests, they also must prove that the officer warned you of the consequences of refusing the tests.
- Is a DWI conviction permanent? If you're convicted of a DWI, it will always be on your record. That's why it's so important to find an experienced DWI attorney who can help you beat these charges. Just one DWI conviction could mean exorbitant fees and high insurance rates for life.