Texas DWI Frequently Asked Questions
Answers From a San Antonio DWI Lawyer
Facing DWI charges is a serious matter in Texas and you may be facing harsh consequences. To ensure that you are represented by an experienced and aggressive San Antonio DWI attorney, contact The Law Office of John J. Fox. We can help answer your questions and build a solid defense to your DWI charges. Below are some of the frequently asked questions regarding DWI offenses in Texas and answers to the questions. Do not hesitate to contact our firm if you have any additional questions or if you are looking for representation.
If you are facing DWI charges in Texas, schedule a consultation with our San Antonio defense lawyer to discuss your legal options and build a defense to protect you future.
Should I agree to perform field sobriety tests?
Texas law does not require that you perform field sobriety tests. These tests are meant to challenge your abilities to perform mental and physical tasks at the same time. If an individual struggles with balance or physical tasks, these tests could be difficult. It is ultimately your decision, but consider if you are confident of your performance on your test because failing a test can serve as probable cause for an arrest and the videotaped evidence of your lack of ability to perform those tests may be used against you.
Should I perform a breath test?
Handheld breath tests done on the roadside are not reliable and have not been allowed as evidence in Texas courts. Because of their unreliability, you could be arrested for a DWI after an inaccurate reading of your alcohol concentration from one of these devices. You may be asked to submit to a breath or blood test after being arrested for DWI. The breath test conducted at most jails or police stations is done using a different type of machine and arguably is more reliable, although it has its own issues regarding accuracy. If you choose to provide a breath test at the jail or police station, be aware that the results of that test may be used against you. The same is true of volunteering to provide a blood sample. In a nutshell, you have the absolute right to refuse both a breath and blood test when requested. That being said, following a refusal to provide a sample, officers may be able to obtain a search warrant for a sample of your blood.
What is the difference between DWI and DUI in Texas?
DUI stands for Driving Under the Influence. It is an offense that only can be charged against drivers under age 21. DUI can be charged if a minor has "any detectable amount of alcohol" in their system when driving. DWI stands for Driving While Intoxicated and can be charged against any driver who is intoxicated from alcohol at a blood alcohol level above .08%, any other substance such as drugs, or a combination of alcohol and drugs. This can also include drivers under the age of 21.
Does my DWI arrest remain on my record?
The law regarding arrest records for DWI has recently undergone some major changes. Depending on the facts of your case, and the final outcome, you may be able to have the record of your arrest sealed from public release or even totally erased via a process known as expungement. If you are eligible for expungement, your arrest record may be erased and you can have a clean slate. It is very important that your case is handled correctly to best position you for keeping your record clean.
Will my license automatically be suspended if I am arrested for DWI?
No, your license is not automatically suspended just because of an arrest. However, because Texas has an implied consent law that requires all drivers to submit to a breath or blood test if suspected of driving while intoxicated, refusal to submit to testing results can potentially result in a license suspension. This type of suspension is called an administrative license suspension and can be done if one of the following is true:
- You refuse to take a breath or blood test after being requested by law enforcement
- You performed a breath or blood test and your Blood Alcohol Content (BAC) results were .08 or above.
How do you fight an administrative license suspension?
It is important to be aware that you can fight such a suspension. Within 15 days of the arrest, you can request a hearing on the suspension through the Texas Department of Public Safety. The Law Office of John J. Fox has had extensive success saving the licenses of clients at these hearings. By challenging the actions of law enforcement and casting doubt on the legal "probable cause" that they had to pull you over and/or arrest you, we can help you build a defense to any suspension attempt.
Keep in mind that if you are convicted of DWI, you are at risk of an additional potential license suspension. Even a first DWI conviction in Texas can result in a license suspension for up to one year. With subsequent offenses, the length of the suspension can increase. Important steps must be taken to help make sure that no actual suspension is imposed on you. Let us help you protect your right to drive!
How can The Law Office of John J. Fox help?
If you have been arrested or charged with DWI in Texas, contact our firm right away. We have abundant experience defending clients who are facing DWI charges. Schedule your free case evaluation today to get started!