10 DWI FAQs | DUI Attorney in Georgetown, TX

1. What is a DWI charge?

In Texas, a Driving While Intoxicated (DWI) charge is a criminal offense that occurs when a person operates a vehicle without the normal use of their mental or physical faculties due to an intoxicant. In intoxicant can be alcohol, a prescription medication, an over-the-counter medication, an illegal drug, or any other substance that impairs your mental or physical faculties. Please note that if you have a child that is under 15 in the car, it becomes a felony even if it is your first offense.

2. What are the consequences of a DWI conviction?

If convicted of DWI you face the following:

Fines – both at the local and state level. In Texas there are two levels of fines that range from $2,000 for a first offense, with a Super Fine of an addition $3,000, if your Blood Alcohol Level is below .15, and if above .15, then a fine of up to $4,000 and a Super Fine of $3,000. A second conviction can result in a fine of up to $4,000, and a Super Fine of $4,500, while a third conviction – a felony – can result in a fine of up to $10,000 and a Super Fine of $6,000.
License suspension or revocation – In Texas you face both an administrative license suspension, and a criminal license suspension. While a number of judges will provide credit for any administrative suspension already served, they do not have to. A first offense faces 90 days to 1 year provided the blood alcohol is below .15, and anywhere from 180 days to 2 years if .15 and above. Subsequent offenses result in longer suspensions.
Jail time – a first offense can result in a minimum of 72 hours up to 180 days in jail; a second offense 30 days to 365 days in jail; while a third offense or more carries up to 2-10 years in prison.
Probation – Probation, or as it is sometimes called Community Supervision, is an option. While it would avoid any additional jail time for a first offense, there are mandatory jail time requirements for second and third offenses. Further, under the latest changes in Texas, deferred adjudication community supervision is back for first offense DWI cases. Probation is anywhere from 12-24 months for first and second offenses, and anywhere from 2 years to 5 years for third offenses.
Mandatory alcohol education or treatment programs – Texas requires a mandatory 12 hour education class for a first offense, and a 32 hour DWI repeat offender education class for second or third offenses.
Increased insurance premiums – In addition to your premiums going up once conviction, if you seek an Occupational Driver’s License, you will also need to obtain what is called an SR-22 rider for your insurance.
Installation of an ignition interlock device – Virtually all counties in Texas require an ignition interlock while on bond if you are facing an alcohol related DWI charge. If you want an occupational driver’s license, you will need to get an interlock. If you do not own a motor vehicle, or have access to one, you will need to get a portable or at home unit for alcohol testing.

3. What should I do if I’m pulled over for suspected DWI?

Remain calm and polite.
Provide your driver’s license, and proof of insurance when requested.
Avoid making incriminating statements. If asked have you been drinking tonight, it is o.k. to ask, can you clarify? I have drank water, coke, tea, etc.
You have the right to refuse field sobriety tests. Texas law does NOT require you to engage in any type of roadside agility or vision tests. You can politely refuse. With that said, you can refuse, but you may be arrested for suspicion of DWI anyway.
Be aware that refusal to take a test (breath, or blood) can result in your license being suspended automatically, and depending upon other factors could lead to an involuntary blood draw in the cases of an accident.

4. Can I refuse a breathalyzer or chemical test?

You can refuse a breathalyzer or chemical test, but refusal may result in immediate license suspension and additional penalties. In many jurisdictions, implied consent laws require drivers to submit to such tests if lawfully arrested for DWI.

5. What is the legal blood alcohol concentration (BAC) limit?

In Texas, the legal BAC limit is:

0.08% for drivers aged 21 and over
0.04% for commercial drivers
0.02% or lower for drivers under 21 (zero-tolerance laws)

6. What are the possible defenses against a DWI charge?

Possible defenses include:

Improper stop or arrest
Inaccurate or improperly administered sobriety tests
Medical conditions affecting BAC results
Lack of probable cause
Violation of rights during the arrest process

7. Can a DWI charge be expunged from my record?

Expungement eligibility varies. In Texas, if you are acquitted, you can get an expunction right away. In Williamson County, Texas, if you complete the Pre-Trial Diversion Program, you can seek an expunction 12 months after completion. If you complete Veterans Treatment Court, and are on the dismissal/diversion tract, you are entitled to an expunction.

8. Will a DWI charge affect my car insurance?

Yes, a DWI charge typically leads to higher insurance premiums. Some insurance companies may even cancel your policy following a DWI conviction. Further, while operating a vehicle on an occupational driver’s license, you will need a separate SR-22 rider to supplement your normal insurance coverage.

9. What is an ignition interlock device?

An ignition interlock device is a breathalyzer installed in a vehicle, requiring the driver to blow into it before the engine starts. If the device detects alcohol, the vehicle will not start. Not only will you need to blow into the machine to start the vehicle, you could be required to do what is called a “rolling test”, meaning blow into the machine while the engine is running and you are parked, or in a drive-through line.

10. Can I get a restricted or hardship license after a DWI arrest?

In many jurisdictions, you can apply for a restricted or hardship license, allowing you to drive for specific purposes (e.g., work, school) during a suspension period. Approval depends on meeting certain criteria and often requires the installation of an ignition interlock device.