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DWI FAQs

DWI | Administrative License Review

DWI Frequently Asked Questions - FAQ

Am I required to participate in a field sobriety test?

No. The constitution protects you from being compelled to provide evidence that may be used against you. The police are not required to tell you this, however, and you may feel you have no option but to cooperate. Keep in mind that if you choose not to participate in a field sobriety test, you may be arrested.

Do I have to take a breathalyzer test or give a blood sample?

No. Again, your right against self-incrimination protects you. However refusing to give a sample can result in the following penalties:

  • A 180 day suspension of your driver's license if this is your first DWI arrest
  • The refusal can be used as evidence of guilt against you in trial

What happens I fail a breath test?

If you agree to take the test and fail, you could face:

  • A 90 day suspension of your driver's license if your driving record shows no prior alcohol related arrests
  • The test result can be used against you as evidence of guilt in your trial

How long does a DWI conviction stay on my record?

Forever. Being found guilty of a DWI offense can have life long consequences, not the least of which is the fact that many employers will not hire someone with a DWI conviction. This is why having the aggressive representation of an experienced DWI defense lawyer is so important. If you are found not guilty, you can have the arrest and DWI charges expunged from your record, which means there is literally no evidence it ever happened.

Will a DWI conviction affect my insurance premium?

Yes, a DWI conviction can cause your rates to increase dramatically. Your insurance company may also drop your policy entirely, forcing you to find new, more expensive coverage.

What is the legal definition of intoxication?

According to Texas statute, intoxication is defined as:

  • Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body; OR
  • Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body; OR
  • Having an alcohol concentration of 0.08 or more.

It is important to note that the prosecution is only required to prove one of these three points in order to obtain a conviction. Also, although many people make reference to drunk driving, it is quit possible to be legally intoxicated without feeling drunk.

Administrative License Review-FAQ

What is an ALR hearing and why do I need one?

An ALR hearing (Administrative License Review) gives you the chance to prevent your driver’s license from being suspended. This hearing must be requested within 15 days of your arrest or it is waived and your license is automatically suspended. In addition to possibly saving your license, the ALR hearing is a valuable tool for discovering information about your DWI case, which can help in getting your charges reduced or your case dismissed.

If my license is suspended, can I still drive?

No, unless you are able to obtain an Occupational Driver's License (ODL). This restricted license permits you to drive during a 12-hour period each day, but only for specific purposes. If you drive without an ODL, you are subject to a Class B Misdemeanor charge which carries jail time and/or significant fines. Driving on a suspended license may also revoke any bail or probation arrangements.

Are there any other benefits of the ALR hearing?

If you have your DWI trial before the ALR and you are found not guilty, your license will not be suspended. If you lose the ALR and your license is suspended, and you are found not guilty in your DWI trial, you can have your driving privilege immediately reinstated, and the suspension removed from your driving record, no matter how long the suspension period.

What are the penalties for DWI?

A DWI can either be a misdemeanor or a felony depending on the number of prior convictions a person has and when those convictions occurred.

  • 1st offense: (Class B Misdemeanor) conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and possible driver’s license suspension of 90 to 365 days.
    DWI with an open alcohol container: (1st offense) In addition to the penalty referenced above you face a minimum 6 days in jail
  • 2nd offense: (Class A Misdemeanor) the maximum fine increases to $4,000.00 and/or jail from 30 days to one year, and a possible driver’s license suspension ranging from 180 days to 2 years.
  • 3rd offense: (3rd Degree Felony) A conviction carries a punishment range of 2-10 years imprisonment and an optional fine up to $10,000.00 and possible suspension of your driver’s license ranging from 180 days up to 2 years
  • Felony DWI offenses involving accidents:
    Intoxication Assault: (3rd Degree Felony) Conviction carries a punishment ranging from 2-10 years imprisonment and an optional fine up to $10,000.
    Intoxication Manslaughter: (2nd Degree Felony) A conviction carries a punishment range of 2-20 years imprisonment and an optional fine up to $10,000.

Probation may be an option in some or all of these cases depending on your eligibility and the facts of the case. However, the conditions of probation can be demanding and there may be expensive costs associates.