Frequently Asked Questions: Houston DWI

Houston DWI Lawyer

What is DWI?

When you operate a motor vehicle while "intoxicated" in a public place, this is considered Driving While Intoxicated or DWI. It consists of two factors. One is blood alcohol concentration (BAC) of .08% or higher and the other is not having normal use of your physical or mental faculties. Of course what is "normal" varies from person to person. This point can be the start of an effective defense in many DWI cases and is where an experienced Houston DWI attorney may be of great service to you.

What happens now that I've been charged with DWI?

In our state, when you have been charged with DWI or DWI there are two legal cases that you will have to face. There is a criminal action against you by the state which will be taken up in a court of law. There will also be a civil action with the Department of Public Safety (DPS). The DPS proceeding is known as an Administrative License Revocation and as the name implies, it is intended to suspend your driver's license.

Do I have to lose my driver's license?

If you refuse to take the blood or breath tests or fail them, your license will be suspended. You have only 15 days after you receive notice of the suspension to request a hearing on the matter with the DPS. There can be serious legal flaws in how you were stopped and how the tests were administered. The tests themselves can be suspect. At times, you can be allowed to continue to drive under specific circumstances. With skilled legal assistance you may be able to successfully fight losing your driving privileges.

What are the penalties for DWI?

If it is your first DWI conviction, you will have to pay a fine of no greater than $2,000. You will also be sentenced to jail time of no less than 3 days and no more than 180 days. The penalties increase with subsequent DWI convictions. A third DWI is considered a felony and can have a maximum fine of $10,000 and up to 10 years in a state penitentiary. DWIs can have special circumstances that greatly increase the penalties a person has to face. In Texas we also have a DPS license surcharge of up to $2000 per year for 3 years if a person has been convicted of DWI.

Do I really need a DWI lawyer?

At Stradley, Chernoff & Alford, we take great pride in successfully fighting for our clients' rights.

The penalties for DWI are harsh and can change a person's life. It is best to hire someone who knows the laws and knows what works in defending DWI cases.

Contact a Houston DWI Attorney when you or a loved one has been arrested for DWI and would like experienced legal assistance.