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Frequently Asked Questions About DWI
Driver's License FAQ's
Frequently Asked Questions
What is DWI?
Driving while Intoxicated (DWI), as defined by the
Texas Legislature, is the criminal offense of driving
a motor vehicle in a public place while intoxicated.
Will
I have to go to jail?
If this is your first DWI charge or we able to convince
the State to dismiss your case or get a not guilty
judgment after a trial by judge or jury, you will
not go to jail. Even if you are convicted, you can
usually get probation, unless you choose to serve
jail time instead of attempting to comply with the
terms of a lengthy DWI probation. But your chances
of jail time increase, if you have prior DWI convictions.
How
is intoxication verified?
A police officer verifies intoxication with the
use of a breathalyzer, urine test, blood test, and
a field sobriety test.
What
constitutes intoxication?
The Texas Legislature defines intoxication in two
ways:
- not
having the normal use of your mental or
physical faculties by reason of the introduction
of alcohol or drugs (legal or illegal) into
your body; or
- having
an alcohol concentration of 0.08 or more.
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The
prosecutor must prove only one of these definitions
to obtain a guilty ruling in a DWI trial.
What
do BAC and 0.08 mean?
BAC stands for Blood Alcohol Concentration, and
it is the percentage of alcohol present in 100 milligrams
of blood, 210 liters of breath, or 67 milliliters
of urine. You are considered legally intoxicated
if your alcohol concentration equals 0.08 or more.
How
is 0.08 determined?
A breathalyzer, urine test, or blood test determines
alcohol concentration.
How
many drinks can I have before my BAC is 0.06?
The number of drinks and BAC depends on numerous
factors, such as your:
Can
I refuse a breathalyzer, urine test, or blood test?
If so, should I?
Yes, you can refuse to submit to a breathalyzer,
urine test, or blood test. However, by refusing
these tests you violate the implied consent law,
which states that by driving a motor vehicle on
a Texas roadway you already consented to chemical
testing. Therefore, your driver's license may be
suspended and charges may be assessed against you.
Also, your refusal can be used as evidence against
you at trial.
Can
a police officer force me to take a breathalyzer,
urine test, or blood test?
A police officer can only force you to take a breathalyzer,
urine test, or blood test if the four following
requirements are met:
- there
is a DWI arrest and an accident;
- the
officer has a reasonable belief that any
individual has died or will die as a result
of the accident;
- an
individual, other than the person arrested,
has suffered serious bodily injury; and
- the
individual arrested for DWI refused to give
a specimen voluntarily
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Can
I refuse a field sobriety test? If so, should I?
Yes, you can and should always refuse to take a
field sobriety test. Field sobriety tests are proven
inaccurate at determining if alcohol concentration
exceeds 0.08, even under ideal laboratory conditions.
There are no penalties for declining these tests,
but the officer may still arrest for DWI if he believes
he has probable cause. Moreover, the police officer
may consider your refusal as an admission of guilt.
What
are the DWI penalties?
The penalties for DWI intensify depending on the
number of prior DWI convictions.
- For
your first DWI offense, which is a Class
B Misdemeanor, you may receive a fine up
to $2000 and/or jail time for 3 to 180 days,
and a driver's license suspension for 90
to 365 days.
- For
a second offense, which is a Class A Misdemeanor,
you may receive a fine up to $4000 and/or
jail time for 30 days to one year, and a
driver's license suspension for 180 days
to two years.
- For
a third offense, which is a 3rd Degree Felony,
you may receive a fine up to $10,000 and/or
jail time for two to ten years, and a driver's
license suspension for 180 days to two years.
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Driver's
License FAQ's
How do I prevent the suspension
of my driver's license if I refused or failed a
breathalyzer, urine test, or blood test?
The two ways to prevent a driver's license suspension
in Texas are:
- request
and win an Administrative License Revocation
(ALR) hearing; or
- receive
a not guilty verdict in your DWI trial.
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Texas law allows you to request an ALR hearing
within 15 days of receiving a written license suspension.
In most cases, an officer will serve this written
notice upon your refusal or failure of a breathalyzer,
urine test, or blood test. If the officer fails
to serve you a written notice, the Department of
Public Safety (DPS) will notify you of your driver's
license suspension via certified mail. If you fail
to request an ALR hearing, your license suspension
begins on the 40th day after receiving the notice.
How long can my driver's license
be suspended if I refuse a breathalyzer, urine test,
or blood test?
If you refuse testing, the DPS suspends your driver's
license for 90 days unless you request and win an
ALR hearing, or you are found not guilty at trial.
How long can my driver's license
be suspended if I fail a breathalyzer, urine test,
or blood test?
If you fail a breathalyzer, urine test, or blood
test, the DPS suspends your driver's license for
180 days unless you request and win an ALR hearing,
or you are found not guilty at trial.
Is there any way I can drive
legally while my driver's license is suspended?
Yes, you can obtain an occupational driver's license
by petitioning the court, unless you have a commercial
driver's license or have obtained an occupational
driver's license in the last ten years.
What are the consequences of
being caught driving with a suspended driver's license?
You can be charged with a Driving While License
Suspended (DWLS), a Class B Misdemeanor. The penalties
of this charge range from a fine not to exceed $500
to jail time for three to 180 days.
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