DWI

Texas DWI Attorney

The terms "DWI" and "DUI" are often used interchangeably. However, each term has a separate and distinct meaning. driving while intoxicated (DWI) is an offense committed when a person operates a motor vehicle in a public place while intoxicated. Intoxication does not necessarily mean "drunk". Intoxication, as it applies to DWI means not having the normal use of physical or mental faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or any combination of those substances. Intoxication also means having an alcohol concentration of 0.08 or more, which may be detected by a breath, blood or urine test.

On the other hand, driving under the influence or "DUI" is an offense involving a minor. Under the Texas zero tolerance law, anyone under 21 who has consumed any detectable amount of alcohol is driving illegally and may be charged with a DUI. A DUI is a Class C misdemeanor and is subject to a 180-day license suspension.

DWI Punishments

The penalties and long-term repercussions for DWI convictions are severe. All convictions in Texas carry fines, surcharges and possible jail time. Even for your first offense, the surcharge, called the Texas Driver Responsibility Tax is $1000 for three years, and a fine may be as much as $2000. In addition, you will have a permanent criminal record, you may lose your job, may be unable to get a professional license, a mortgage or travel to a foreign country.

Why You Need an Attorney

When you are charged with a DWI or a DUI, it is essential to consult an attorney as soon as possible. You will be dealing with two separate cases – one criminal and one civil, involving an administrative license revocation hearing. To answer the criminal charges, generally you must appear in court for arraignment, trial or negotiated disposition. If you refuse or fail a  breath, blood, or urine test, your driver’s license will be automatically suspended unless you make a written request for a hearing, called an administrative license revocation hearing (ALR) to challenge the suspension, within fifteen (15) days after receiving notice of suspension from the arresting agency.

At the Denton County law office of Hayes, Berry, White & Vanzant, L.L.P, we have significant experience defending clients in both the criminal charges associated with a DWI as well as the civil aspect involving an administrative license revocation hearing.

DWI - Driving while intoxicated cases are punishable as follows:

FAQs About DWI

Can I be charged with a DWI if I've only had a couple of drinks?

While it is not against the law to drive after having one or more drinks, it is against the law to drive after having lost the normal use of physical or mental faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or any combination of those substances.  Determining whether you’ve “lost the normal use” is nothing more than a subjective opinion of the arresting officer.

When stopped for DWI, should I take the field sobriety tests?

No. Believe it or not, the field sobriety tests (FST) will show evidence of intoxication even if you've had nothing to drink. The FSTs are activities that regular citizens do not normally perform. Inevitably, mistakes will be made. If the police officer is asking you to undergo FSTs, he suspects you are intoxicated. Any mistakes made, no matter how minor, will be considered evidence of intoxication and confirm what the officer already believes.

But, if I cooperate with the police, won't they go easy on me?

Do not perform any field sobriety tests (FST) or answer any questions. If the police officer says he smells alcohol on your breath, more than likely you will be arrested no matter how well you do on the FSTs. In most cases, the traffic stop, arrest, and offer of a breath test will be videotaped. Therefore, it is important that you are on your best behavior. Do not curse at the officer and be polite. However, when the officer asks you to perform FSTs or to answer questions, tell him that you are unsure of your rights and you would like to consult an attorney prior to performing any physical tests or answering any questions. He may tell you that "at this point" you don't have the right to an attorney. Politely but firmly reiterate that you would like to speak with an attorney. Remember, you cannot be forced to answer any questions or perform any tasks.

Should I take a breath or blood test if arrested for DWI?

Generally the answer is "no", unless you've had absolutely nothing to drink. The Intoxylizer 5000 uses antiquated technology, which has been known to fail. It may also be tampered with so as to affect the results. In fact, one well-known elected law enforcement official refused a breath test because he feared the operator had a political agenda. You should also refuse a blood test, unless you've ingested neither alcohol nor drugs, even prescription medication. The blood test is designed to detect levels of both alcohol and drugs, which may affect your physical or mental faculties.

How do prescription medications affect my case?

You can be intoxicated as a result of ingesting alcohol, drugs, or any combination. Telling the police officer that all you've taken is prescription medication will not help your DWI case. If you tell the officer you've taken medication (assuming it is a type that affects physical or mental faculties), you are providing another piece of evidence to be used against you.

If I refuse a breath or blood test, won't my license be suspended?

If you are 21 years of age or older and a breath or blood test shows an alcohol concentration of 0.08 or greater, the State will suspend your license for 90 days. If you refuse a breath or blood test, your license will be suspended for 180 days. The State imposes a longer suspension for a refusal in an attempt to encourage you to submit to a breath or blood test. Do not let that sway you. In either case, you are likely entitled to an occupational driver's license (ODL), which allows you to drive to and from work and to perform essential household duties. So why unnecessarily provide evidence against yourself?

How do I get an occupational driver's license (ODL)?

We can help you get an ODL to allow you to drive during the period of you license suspension. We will take care of every step in the process of obtaining an ODL. We will draft the petition, file the petition, and educate and prepare you for the ODL hearing.

What is an ALR, and is it important?

An ALR is an administrative license revocation hearing, which must be requested within 15 days from the date of your arrest. It is an opportunity to challenge the suspension of your driver's license. It is also important for two other reasons.

1. The ALR allows your attorney to obtain a copy of the police report and question the arresting officer under oath, an extremely important step for evaluating the case for trial.
2. Requesting an ALR hearing delays the starting date of your suspension, which will allow you to hire an attorney and obtain an occupational driver's license. If you do not request the ALR hearing within 15 days, the suspension will begin 40 days following the arrest (or notice of suspension).

If convicted of DWI, will I have to serve a jail sentence?

Whether jail time is an appropriate punishment for DWI depends on the facts of the case and the criminal history of the person charged. For a first time DWI with no aggravating factors (e.g. extensive criminal history, accident, belligerent defendant), most defendants can expect probation. However, the range of punishment does include jail time as a possibility.

If you are arrested and charged with a DWI or DUI, it is important to consult with an attorney as soon as possible. Obtaining legal help at the outset can make a significant difference in the outcome of your case. Call our Denton County law firm at (940) 387-3518 to learn how we can help. There is no charge for an initial consultation.