FAQ DWI Defense

In some cases, individuals with a suspended license may be eligible for an Occupational Driver’s License (ODL). This restricted license may allow limited driving for essential purposes such as work, school, or household responsibilities. Eligibility and requirements vary depending on the case and may include court approval, filing requirements, and proof of financial responsibility such as SR-22 insurance.

Standardized Field Sobriety Tests are generally voluntary under Texas law. These roadside exercises, such as the walk-and-turn or one-leg stand, are used by law enforcement to observe balance, coordination, and other indicators. While officers may request that you perform them, you are not legally required to do so, and individuals may politely decline.

A breath test estimates blood alcohol concentration using a breath analysis device, while a blood test directly measures alcohol levels in a laboratory setting. Under Texas implied consent laws, drivers are considered to have agreed to provide a specimen if lawfully arrested. However, refusal of a breath or blood test may still occur, and in many situations law enforcement may seek a warrant to obtain a blood sample.

Yes. A reported blood alcohol concentration (BAC) is only one piece of evidence in a DWI case. These results may be challenged based on a number of factors, including testing procedures, machine maintenance and calibration, sample handling, and the chain of custody for blood evidence. Each case depends on its own facts and the reliability of the evidence presented.

A first DWI offense in Texas is typically charged as a Class B misdemeanor. Potential penalties may include fines, possible jail time, license suspension, court-ordered programs, and community supervision requirements. Certain factors, such as a higher BAC or other aggravating circumstances, may increase the severity of the charge and penalties.

A DWI may be charged as either a misdemeanor or a felony depending on the circumstances. First and second offenses are generally misdemeanors. However, a DWI may be elevated to a felony in situations such as multiple prior convictions, the presence of a child passenger, or if the incident results in serious bodily injury or death.

A DWI conviction typically remains on a criminal record unless legal action is taken to remove or restrict it. In some situations, individuals may be eligible for expunction (for dismissed or acquitted cases) or non-disclosure orders, which can limit public access to certain records. Eligibility depends on the outcome of the case and other statutory requirements.

Yes. DWI cases often begin with a traffic stop, and law enforcement must have a lawful basis for initiating that stop, such as reasonable suspicion of a traffic violation or criminal activity. If the stop is found to be improper, it may affect the admissibility of evidence collected afterward. The validity of the stop is evaluated based on the facts and circumstances of each case.

DWI cases are handled based on the specific facts, evidence, and procedural issues involved. This may include reviewing police reports, bodycam or dashcam footage, chemical test results, and the circumstances of the arrest. Many cases are resolved through negotiation, while others may proceed to hearings or trial depending on the evidence and legal issues involved.