Gale Law Group
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Corpus Christi, TX 78404
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DWI FAQ

If you’re facing a DWI charge in the State of Texas, you’re most likely feeling frustrated, confused, or even annoyed. Because there are so many questions to which you may not know the answer, you might even be a little scared. There’s a good chance you’ll be facing some penalties, and you may not know how bad it’s really going to get. The extent of your punishment will depend on the circumstances of your case, whether it’s your first offense, and whether you have a good lawyer working on your behalf. Here are some common questions that many people ask when they’re faced with a DWI in Texas.

dwi faq

What are the possible penalties for a DWI in Texas?

In most cases, it will be a probation. For a misdemeanor DWI charge, it can’t be more than 2 years. But for felonies, the maximum is 10 years. The terms of your DWI probation will be part of a set of statutes, so there isn’t a great deal of room for negotiation in terms of what the court can do once you agree to a probation. Most of the conditions for a DWI probation in the State of Texas will at least include:

What is a DWI plea bargain?

-No alcohol.
-Regular drug and alcohol evaluations by a licensed professional.
-A DWI Safety Education course and a Victim Impact Panel.
-A certain number of community service hours.
Be sure to speak to a qualified attorney for more information.

Will I have to pay a surcharge?

The Texas Department of Public Safety can assess a surcharge to someone based on certain offenses that were committed on or after September 1, 2003. This includes any DWI-related offense. If the Department of Public Safety assesses a surcharge, you’ll be notified by mail. But they don’t replace any suspensions, revocations, denials, disqualifications, or cancellations that resulted from your conviction. Once the charges have been levied, you must pay it within 105 days. Otherwise, they will suspend your license.

Will I have to get a breath test device installed on my car?

It depends of the type of DWI charge you’re facing. If it’s your first offense and you didn’t have a blood-alcohol concentration (BAC) of .15 or higher at the time you were tested, you won’t need to have one installed on your car — that is, unless there are some other extenuating circumstances. But if you had a previous arrest or conviction for a DWI regardless of your BAC, you will have to have one installed. In fact, there are many cases where a deep-lung device (DLD) is required as a condition of a bond, and it’s almost always required if you have any type of Occupational Driver’s License (ODL).

If an officer took my driver’s license after I was arrested for a DWI, does this mean I can’t drive?

If you were arrested for a DWI and refused to be tested or had a BAC of .08, the officer probably took your license and issued a Notice of Suspension/Temporary Driving Permit (DIC-25). The good news is that your license hasn’t been suspended — at least, not yet. But you need to read this form and the Statutory Warning (DIC-24) in its entirety, because they will tell you if you have the right to request a hearing within 15 days after you received them.

You can request a hearing by phone, fax, or on the DPS website. But your best bet will be to fax it in. Just make sure you get a confirmation sheet or go to the DPS website to print one online.

What can I do if I miss the 15 days and don’t request an ALR hearing?

If you waited too long or missed your opportunity to request an ALR hearing, your driver’s license will automatically be suspended 40 days after you have been arrested for a time period that the court feels is appropriate. It can be either 90 to 180 days for a first offense, but it can be longer if it’s your second or more. That’s why it’s important that you request the ALR hearing after you have been arrested. And if you have been stopped by a police officer while your license has been suspended, you can be arrested and charged with a Class B misdemeanor.

Am I eligible for a deferred probation on my DWI?

The Texas legislature has made all DWI offenses ineligible for a deferred probation, and it has also made them ineligible for an early release. So, when you’re faced with a DWI in Texas, you have two choices — fight it or plead it. And there are many factors that will determine which course of action is best for you. That’s why you need to hire an experienced DWI attorney.

What are the possible penalties for a Texas DWI?

The types of penalties you’ll face if you’re convicted of a DWI in Texas will depend on a number of factors. Some of them can include the following:
– How many times you have been charged with a DWI in Texas.
– Whether there were children in the car.
– Your level of intoxication.
Be sure to speak to a qualified attorney for more information.

If I’m charged with a DWI in Texas, will I be automatically found guilty?

Just because you have been charged with a crime, it doesn’t mean you have been found guilty. Like any other crime, you’re innocent until you have been proven guilty in a court of law. You also have the right to a defense lawyer, as well as to the protections of the United States and Texas Constitutions. So if you have been arrested of an alleged crime, be sure to contact an attorney as soon as possible.

What is an Administrative License Revocation (ALR) Hearing?

When you have been arrested for a DWI in Texas, your driver’s license will be automatically taken away. So, one of the first things you’ll have to deal with is an ALR hearing (where you can request that your driver’s license be reinstated). You only have 15 days after your arrest to ask for it, and it must be done correctly. If you don’t make the request in time, your license will be automatically suspended 40 days after your arrest.

If my license has been suspended or revoked, can I ever get it back?

In almost every case, the answer is “yes.” Driver’s license suspensions are common when someone is charged with or convicted of a DWI in Texas, but the period of suspension will vary according to the specifics of the case. Once the period has elapsed, you can request that your right to drive be reinstated. This requires you to go through a specific process, so it’s a good idea to go through it with the help of an attorney.

How soon should I hire a criminal defense attorney after I have been charged with a DWI?

You will need to request a hearing within 15 days of your DWI arrest, but you should contact an attorney as soon as possible (especially if you want to keep your license). If you don’t file for a hearing, you’ll lose your chance to fight a license suspension.

Will my license be automatically suspended after a DWI arrest?

Whether your license gets suspended or not will depend on which actions you take after your arrest. If you don’t file for a hearing within 15 days or if your BAC was above .08, your license will be suspended.

If my license has been suspended, can I still get a temporary license for work?

It depends on what’s in your criminal and driving records. But in most cases, you’ll be able to get an Occupational Driver’s License that will allow you to drive to and from work.

How many drinks does it take to exceed the legal limit?

In Texas, the legal limit is a BAC of .08. This number is determined by many factors (including age, weight, gender, and the time interval between each drink). There are some basic calculators and phone apps that claim to calculate your BAC. But if you’re planning to drive, it’s a good idea to abstain from alcohol completely.

Are Texas DWI laws different for minors?

Texas has a “zero tolerance” drinking and driving law for minors, so anyone under the age of 21 can be charged with drunk driving if they have any detectable amount of alcohol in their system.

Do Texas DWI convictions stay on my record forever?

A DWI charge is considered a misdemeanor and even a felony in more serious cases, so it can go on your record if you’re convicted. If you have a good lawyer, it’s possible to get a DWI charge reduced to a simple traffic violation. It may even be possible to get it dismissed.

What does “per se” intoxication mean?

A driver is considered to be “per se” intoxicated when he or she has a BAC of .08 or higher. Texas Law also says that a driver can be convicted of drunk driving based on this test alone) with no additional proof needed).

What is an enhanced DWI punishment?

If you have been charged with a DWI in Texas while your BAC is .15 or higher, you can get an “enhanced punishment” (which comes with higher fines and longer jail sentences). If you’re facing possible enhanced penalties, you should contact a Texas DWI attorney as soon as possible.

Do I need an attorney if I have been charged with a DWI in Texas?

It depends on the circumstances of your case. But in most situations, it’s a good idea to hire a Texas DWI attorney. This person will be able to help you get a reduced sentence or even an acquittal. After you have been arrested for a DWI, your license will be suspended for 40 days if you don’t file a hearing within 15 days after the day of your arrest. An attorney will be able to help you make a request with the Department of Public Safety so you can challenge this automatic suspension.

Will a Texas DWI conviction affect the cost of my insurance?

Insurance rates can go up quite a bit after a DWI conviction. Driving under the influence increases your chance of getting into an accident, so they will adjust your rates to reflect that extra risk. Some insurance companies will even cancel your policy after a DWI conviction.

What’s the difference between a DWI and a DUI in Texas?

DWI stands for “driving while intoxicated,” and it’s what people typically think of when they hear this term. The prosecution must be able to prove that you were driving while you were above the legal limit (which is a BAC of .08 or more) or have lost the normal use of your faculties (either mental or physical). A DUI is a charge that’s given to minors who have any detectable amount of alcohol in their system. So even if their BAC is only .01, they can be charged with a DUI in Texas.

If you’re looking for a criminal defense attorney in Corpus Christi to help you with your DWI case, be sure to get in touch with Gale Law Group. We have a team of experienced professionals who would be happy to help you!