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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.

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 and 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.

Should I perform a breath test?

Breath tests on the roadside are not reliable and you could be arrested for a DWI after an inaccurate reading of your alcohol concentration. While you must submit to a chemical test when arrested for DWI, it is advised to perform a test other than a breath test in a Breathalyzer. The breath tests conducted at the police station are different and often more reliable, but when it comes to Breathalyzers roadside, you may want to refrain from submitting to this test.

What is the difference between DWI and DUI in Texas?

DUI is an offense only charged against drivers under age 21. DWI stands for driving while intoxicated and can be charged against any driver who is intoxicated from alcohol or any other substance. DUI is driving under the influence and can be charged if a minor has any detectable amount of alcohol in their system when driving.

Does my DWI arrest remain on my record?

A DWI conviction will stay on your record forever. If you were arrested but found not guilty, you may be able to have your arrest expunged. If you are eligible for expungement, your arrest may be erased and you can have a clean slate.

Will my license automatically be suspended if I am arrested for DWI?

No, your license is not automatically suspended. If you refuse to perform a chemical test after an arrest, then your license may be suspended under the implied consent law. Also, if your test results show a BAC of .08 or above and you do not fight the suspension, it may be suspended.

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!

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