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Frequently Asked Questions (DWI FAQ)

Common Questions About DWI

If you have been charged with a DWI, you likely have thousands of questions running through your mind. Our firm is here to help advise people on the best course of action for their circumstances. Below you will find a number of questions related to drunk driving charges. If you do not see your particular question listed below, then a Houston criminal defense attorney from our firm is always available to take your questions directly.

Do I need a lawyer for my Driving While Intoxicated case?

Hiring an attorney is the best way to get out of your DWI charges.

If I have priors in other States, can that affect me in Texas?

Yes, because the state of Texas recognizes priors incurred in other states.

If my license is suspended in Texas, will it affect me in other States?

Yes. A license suspension does not apply only to the state in which you are licensed to drive.

Is there any difference in the DWI laws for juveniles?

Yes. Those who drive under the influence of alcohol and are minors (under 21) may face different penalties.

Are there any additional costs other than fines attached to a DWI conviction?

Yes, there are various other fines and surcharges that may be imposed upon you depending on the nature of your DWI case.

How long does a DWI conviction stay on your record?

A DWI charge, if you are convicted of it, will stay on your record permanently.

When do I get to talk to an attorney after being arrested for Driving While Intoxicated?

You can speak with an attorney at any point after your arrest, but you do have a limited amount of time to contest your charges.

What is the difference between a field test and a “standardized” field test?

While a field test may be subjective, a standardized test has been approved of by the National Highway Traffic Safety Administration.

Can I refuse being video-taped?

No, you cannot refuse being videotaped by your arresting officer.

Will I lose my license automatically if I refuse or fail a breath test?

Yes. Because Texas is an implied consent state, those who refuse a breath or blood test will have their license automatically suspended. You do have the right to a hearing.

Do I have to take a breath test just because a police officer wants me to?

No, you cannot be forced to take a breath test. However, Texas is an implied consent state, those who are asked to provide a breath test to a police officer with risk having their licenses suspended if they refuse. A blood test, however, can be forced upon you. As this type of test becomes more and more prevalant, new defenses must be incorporated to prevent admission of this evidence.

Are there any special bail requirements for someone charged with DWI?

Those who have been pulled over and arrested for drunk driving may be taken to jail, but can be released pending bail. Judges are imposing exceptional bail conditions.

What are the penalties for DWI?

The consequences of a DWI will differ depending on the severity of the crime. Some include fines, license suspension and jail time.

What is meant by “normal” mental and physical faculties?

The standard of “normal” is again referring to the state a person is in without impairement.

What is the significance of .08% alcohol concentration?

Research has shown that a 0.08 percent blood alcohol concentration is the maximum amount of alcohol that a person can have in their system before they become too impaired to drive safety.

What is DWI?

A DWI stands for “driving while intoxicated” and is referred to as DUI or OWI in other states.

Contact Chernoff Law today!

We understand that being arrested for a DWI has probably left you with more questions than are listed here. We hope that this information has been helpful, but we also encourage you to contact our firm directly so that we can answer additional questions and provide you with the legal advice that you need to avoid a conviction.