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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, however, after a DWI conviction, you most likely are at risk of a 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. Because Texas has an implied consent law that requires all drivers to submit a chemical test if suspected of driving while intoxicated, refusal to submit to testing results in an automatic 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 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 'probable cause' that they had to pull you over and/or arrest you, we can help you build a defense.

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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