Texas DWI arrests require a quick, proactive strategy to comply with immediate legal deadlines, and court requirements!
Specifically, DWI defendants have only 15 days to contest an Administrative License Suspension by the Texas Department of Public Safety (DPS). Additionally, many DWI charges come with severe pretrial bond conditions such as ignition interlock device monitoring, drug and alcohol testing, and travel restrictions.
Texans facing DWI charges should immediately contact an experienced DWI lawyer – acting quickly is crucial for preserving important legal defenses and protecting your rights!
WHAT TO DO AFTER GETTING A DWI IN TEXAS?
It is critical to immediately request an ALR hearing with the Texas Department of Public Safety (DPS) to avoid a driver’s license suspension. This right is only available for 15 days following a DWI arrest in Texas.
Texas DWI Defendants should confirm court dates and also ensure compliance with all bond conditions as neglecting these requirements can result in an arrest warrant. Personal attendance is normally required at all court settings.
- What happens after your first DWI in Texas? Texas Defendants must appear for court and comply with all pretrial bond conditions while the case is pending.In terms of punishment, even a first DWI arrest in Texas can result in jail time and a driver’s license suspension. A DWI can also lead to many other collateral consequences like costlier vehicle insurance premiums and professional disciplinary proceedings.
- What is the best defense against a DUI in Texas? The best defense against a Texas DUI is an experienced criminal defense lawyer skilled in formulating effective DWI strategies. Texas County and District Attorneys prosecute all DWI charges aggressively, making it crucial to retain knowledgeable representation.
WHAT IS THE PUNISHMENT FOR FIRST DWI IN TEXAS?
A first-offense DWI is punishable by a maximum $3,000 fine and a maximum jail sentence of 6 months.
However, Texas DWI penalties elevate if the driver had an blood alcohol content of 0.15 or higher at the time of driving. The charge becomes a class A misdemeanor subject to a maximum $6,000 fine and a maximum 1-year jail sentence.
- What do first-time DWI offenders face in Texas? In addition to these severe legal penalties, DWI offenders also face restrictive court and probation conditions including ignition interlock (breathalyzer), alcohol and drug testing, substance abuse counseling, and community service.
DWI is also punishable by lengthy driver’s license suspensions, alcohol awareness, and a potentially devastating, permanent criminal conviction.
- How bad is a DWI in Texas? DWI is bad in Texas. DWI is an expensive, serious charge. Texas DWI charges should be handled by experienced DWI lawyers with deliberate and proven legal strategies that win cases.
IS A DWI A FELONY OR A MISDEMEANOR IN TEXAS?
DWI is normally a misdemeanor in Texas. Defendants with 2 or more prior convictions are subject to felony DWI 3rd offense charges.
Additionally, DWI accident cases resulting in the serious bodily injury or death of another, including a passenger, are felony level charges subject to lengthy prison terms.
Here are more factors that make DWI a felony in Texas.
- What is the difference between a DUI and DWI in Texas? DUI and DWI are two different charges in Texas.
DUI (driving under the influence) penalizes minors under 21 who operate a vehicle with any detectable alcohol in their system (even if they are not drunk).
DWI is a higher level charge, requiring the Defendant be intoxicated at the time of driving.
Minors can be charged with DUI or DWI (if they are drunk). Adults can only be charged with DWI and can freely drive after drinking if they are not intoxicated.
- What is the most likely outcome for a first time DUI? First-time DUI charges can always result in a devastating criminal conviction and all DWI charges are subject to lengthy jail sentences. DWI probation often involves thousands of dollars in fees and restrictive court conditions.
WHAT HAPPENS WHEN YOU GO TO COURT FOR A DWI IN TEXAS?
The Defendant must announce their presence in court and follow the judge’s instructions. The court may formally inform the Defendant of their charges and rights and ask if they have an attorney.
IF the case is set for an evidentiary hearing, the judge will call the court to order and allow the parties to present their evidence and arguments.
- Do they drug test you at court for a DWI in Texas? Yes, the judge can require the Defendant submit a drug and alcohol test during a DWI court date in Texas. DWI bond conditions usually prohibit drug and alcohol use so any positive test results can lead to a bond violation and arrest warrant.
- How long does it take to get a court date for a DWI in Texas? Approximately 30 days in many larger cities in Texas. This can take longer if the district attorney has not filed formal charges.In smaller jurisdictions, it can take several months to get a DWI court date in Texas.
WHAT HAPPENS IN AN ARRAIGNMENT FOR DWI TEXAS?
The judge formally advises the Defendant of the nature of their charges and their constitutional rights. The court can appoint an attorney if necessary and also set a reasonable bail amount for the case.
Arraignment is a formality that can be, and is waived in many DWI cases in Texas.
- How much is bail for a DWI in Texas? Bail in Texas DWI charges can exceed up to several thousand dollars. Texas judges assess bail by reviewing the facts of the offense, the Defendant’s criminal history, and any relevant factors in the case.
- How long does a DWI case take in Texas? It can take up to 1 to 2 years to resolve a DWI charge in Texas. An effective DWI defense requires an extensive review of all evidence, and, in many cases, several contested hearings.This will often delay resolution of a case but is critical for securing a successful result in a Texas DWI case.
IS YOUR LICENSE SUSPENDED IMMEDIATELY AFTER A DWI IN TEXAS?
Driver’s licenses are not suspended immediately after a DWI arrest, but the Texas Department of Public Safety will begin suspension proceedings. Defendants have only 15 days to submit an Administrative License Revocation Hearing (ALR Hearing) request to contest this suspension.
Defendants who plead guilty to a DWI charge are subject to an immediate driver’s license suspension. A skilled Texas DWI defense can convince a judge to delay the suspension, or avoid these punitive measures altogether.
- Can I get my license back after DWI in Texas? Yes, Texas motorists can reinstate their license after the suspension period by paying a $125 reinstatement fee.Motorists may also petition for an occupational driver’s license to legally drive during a Texas DWI license suspension period.
- How do I get my license back after a DWI in Texas? Drivers must wait until their suspension period has passed and pay a $125 reinstatement fee in order to get their licenses back after a DWI in Texas.Further guidance can be found on the Texas DPS driver’s license eligibility portal.
CAN YOU AVOID JAIL TIME FOR FIRST DWI IN TEXAS?
Yes! A skilled DWI defense can avoid jail time and many other Texas DWI penalties and collateral consequences.
Every Texas DWI charge is subject to jail in its range of punishment but an effective DWI defense can leverage weaknesses in the prosecution case to secure probation, a reduction, and even a dismissal in certain cases.
- What is the minimum sentence for a DWI in Texas? Even the minimum sentence for a DWI in Texas can be harsh. For example, even first-time DWI offenders can face jail time, costly fines, lengthy community service, driver’s license suspension, increased insurance premiums, and a host of other collateral consequences, like suspended gun rights.
A Texas DWI conviction can devastate a person’s permanent record!
- Can you drive in Texas after a DWI? Yes, but every Texas DWI carries the possibility of a driver’s license suspension. This can occur as part of the ALR hearing process or following a DWI conviction in Texas.
Drivers with suspended licenses can legally drive if they obtain an occupational drivers license.
DO YOU GET PROBATION FOR FIRST DWI IN TEXAS?
Yes, probation is available in first-offense DWI cases in Texas. Probation is an alternative to incarceration that allows individuals to serve their sentence while remaining in their communities.
Some first-time DWI charges also qualify for Deferred Adjudication, which is a type of probation that leads to a dismissal.
- Can you drink while on probation for DWI in Texas? No! Texas DWI probation rules prohibit drinking alcohol and using drugs. Texas probationers are subject to frequent alcohol and drug testing. Drug test failures can lead to a probation violation and a Motion to Revoke Probation in Texas.
- What is DWI First Offender Program Texas? DWI first offender program is a 12-hour drunk driving course usually required as a condition of DWI probation in Texas.
CAN A DWI BE DISMISSED IN TEXAS?
DWI charges are dismissed, reduced, and resolved without conviction everyday in Texas courts.
However, the aggressive tactics of Texas law enforcement officers and prosecutors, including strict No Refusal policies, means they don’t just casually dismiss cases.
An experienced Texas DWI lawyer can help build an effective, proactive defense for the best chance at a dismissal.
- How can a DWI case be dismissed in Texas? DWI is a serious criminal offense requiring experienced legal analysis and technical savvy to win a dismissal. DWI defense attorneys proficient in the science and nuance of DWI investigation offer the best chances of beating a DWI in Texas.
This will typically begin with an extensive review of the evidence to uncover weaknesses in the prosecution case or deficiencies in the police investigation. A lawyer knowledgeable in Texas Search and Seizure laws can then challenge the legal grounds for the Defendant’s arrest.
Finally, a Texas DWI can be dismissed with effective mitigation and trial strategy.
- What are the odds of getting a DWI dismissed in Texas? Very real! DWI is a serious offense in Texas. However, you can’t win if you don’t fight. DWI cases are dismissed, reduced, and resolved without conviction everyday in Texas courts.
WHAT IS THE BEST OUTCOME FOR A DWI?
A dismissal! Texas prosecutors are notorious for their aggressive policies against intoxication crimes. Despite this reputation, an aggressive DWI defense can secure a dismissal or an acquittal (Not Guilty Verdict) as the best outcome for a DWI in Texas.
- Can a DWI be reduced in Texas? Yes. Felony DWI charges can be reduced to misdemeanors and misdemeanor DWI charges can likewise be reduced to other offenses.
- What can a DWI be reduced to in Texas? A Felony DWI can be reduced to a misdemeanor DWI offense, a phenomenal outcome for those trying to avoid the devastating consequences of a felony conviction. Similarly, misdemeanor DWI cases can be reduced to offenses like Reckless Driving and Public Intoxication.
A DWI reduction should always factor in an overall legal defense in Texas.
HOW DO I BEAT A DWI CHARGE IN TEXAS?
Beating a DWI in Texas requires a knowledgeable legal defense skilled in criminal procedure, mitigation, and in alcohol intoxication science and investigations, including blood tests and field sobriety testing.
For example, an experienced DWI defense can identify errors in the police officer’s investigation or a lack of reasonable suspicion or probable cause for the traffic stop or arrest. A dynamic DWI defense will also build a compelling mitigation case to help beat a DWI in Texas.
- How hard is it to beat a DWI in Texas? Texas prosecutors do not casually dismiss DWI cases out of good-will or favor. DWI cases are prosecuted aggressively across Texas counties – high-profile arrests and fatalities place significant pressure on politically-elected prosecutors to be “tough on DWI.”Experienced DWI defense lawyer can build an effective defense to proactively situate you in the best position to beat your DWI!
HOW DO I CLEAR MY DWI IN TEXAS?
A DWI can be cleared by expungement in Texas. An expungement is a powerful legal tool that deletes all records of a case and allows an individual to deny the charge ever happened – a powerful advantage for individuals across the state.
Expungement is the only way to clear a DWI record in Texas but is generally only available for criminal charges dismissed without probation or without a final conviction.
- How much does it cost to get a DWI expunged in Texas? DWI expungement costs vary across the state but are usually up to approximately $5,000 in Texas.
- How long does a Texas DWI stay on your record? Forever. There is an unfortunate misconception that DWI cases disappear from criminal background checks after 7 years in Texas. This is not true!DWI charges stay permanently on criminal records even when dismissed. The only way to clear a DWI record in Texas is through an expungement.
WHAT HAPPENS IF YOU PLEAD GUILTY TO DWI IN TEXAS?
A plea of guilty can result in a permanent criminal conviction, thousands of dollars in fines, and an immediate suspension of a Texas driver’s license.
While a skilled DWI attorney can help mitigate many of these punishments, Texas DWI defendants should rarely plead guilty to a charge.
- How long is probation for first time DWI in Texas? A first-time misdemeanor DWI can result in up to 2 years of probation. Felony DWI cases carry a maximum probation of 10 years.
- Can you early terminate a DWI probation in Texas? Yes, early termination of probation is available only in DWI Deferred Adjudication cases. Regular DWI probation does not qualify for early termination.
HOW LONG DOES A DWI AFFECT YOUR INSURANCE IN TEXAS?
A DWI can affect Texas insurance for several years after a conviction. This is another reason to do everything possible to avoid a DWI conviction in Texas!
WHAT IS THE NEW LAW FOR DWI IN TEXAS?
The new law for DWI in Texas is the Second Chance Law, passed by the state legislature as Texas House Bill 3016 in 2017.
- What is the Second Chance Law in Texas for DWI? The Texas Second Chance Law allows certain first-time DWI Defendants to seal their records with an Order of Nondisclosure. This law is retroactive, which means it applies to cases prior to the law’s enactment date.
BEST DWI LAWYERS
Trey Porter Law stands up for the citizen-accused across Texas. With 40+ years combined experience, the award-winning DWI lawyers at TPL have won every type of intoxication case. Experience is the foundation of the firm’s hard-earned reputation for success, and while every case is different, Trey Porter Law’s #1 goal is always the same: obtain a dismissal.
