Being arrested for Driving While Intoxicated (DWI) can be a frightening experience for anyone; it is important to know what you can expect throughout the DWI process so you can better prepare yourself for what's coming.
With penalties including time in jail, thousands of dollars in fines and license surcharges, steep increases to your insurance rates and driver's license suspension; you need to do everything possible to defend yourself against a conviction.
Get a free consultation for your DWI case at the Law Office of Ryan H. Deck. Call at (512) 337-6285 or contact online to speak with us today!
Understanding The DWI Process in Texas
Here is an outline of what occurs after an arrest for drunk driving:
You will be confined in jail for a minimum of 72 hours
At your arraignment, you will be asked whether you want to plead guilty or not guilty to the charge, and if you plead not guilty, the judge will set a date for your next court appearance
After your release from jail, you will have 15 days to request an Administrative License Revocation (ALR) hearing, where you can attempt to keep your license-otherwise; you will be subjected to an automatic suspension, with the possibility of obtaining an occupational driver's license so you can travel to work
You may have several mandatory court appearances, such as pre-trial hearings, where the evidence in the case will be examined and the defense and prosecution can make motions to the judge
It is possible that you will be offered a plea bargain, where you will accept a guilty conviction in exchange for probation instead of the full sentence available
If you choose to fight the charges, your case will go to trial
When you have been arrested for DWI, you should speak with a hard-hitting Round Rock DWI attorney,Ryan H. Deck, who can guide you through the entire process.
Commonly Asked Questions on the DWI Process
What is a DWI in Texas?
In Texas, it involves operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs to the extent that it affects the driver’s ability to safely operate the vehicle.
What are the Legal BAC Limits in Texas?
The legal BAC limit for most drivers is 0.08%. For commercial drivers, the limit is 0.04%, and for drivers under 21, Texas has a zero-tolerance policy, meaning any detectable amount of alcohol can result in penalties.
What are the Penalties for a DWI Conviction in Texas?
Penalties for a DWI conviction can include fines, license suspension, mandatory alcohol education or treatment programs, community service, probation, and jail time. Penalties vary based on whether it is a first, second, or subsequent offense, and the presence of any aggravating factors like a high BAC or a child passenger.
What Should I Do If I Am Pulled Over for a DWI in Texas?
If pulled over, remain calm and comply with the officer’s requests for your license, registration, and insurance. You may be asked to perform field sobriety tests or take a breathalyzer test.
Can I Refuse a Breathalyzer Test in Texas?
You can refuse a breathalyzer test, but doing so will result in an automatic driver’s license suspension under the state’s implied consent laws. This suspension can last for 180 days for a first refusal and longer for subsequent refusals.
How Can I Challenge a DWI Charge in Texas?
Possible defenses against a DWI charge include challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests or breathalyzer results, and disputing the evidence presented by law enforcement. Our experienced attorney can help identify and argue these defenses.
Criminal Defense Lawyer Serving Williamson County
There are many ways to defend against charges of drunk driving; therefore it is crucial to take the appropriate actions at each step of the process to ensure that you keep all avenues open.
By working with the Law Office of Ryan H. Deck, you will benefit from our years of experience representing clients in your position. Ryan is a solo practitioner, meaning that you will receive individual attention, and he will be focused on achieving results for you and your family.
He is also a Board Certified in Criminal Law by the Texas Board of Legal Specialization (TBLS), which represents a high level of competence in their practice. Whether this is your first DWI or DUI or if you face charges for multiple DWI, we will fight to protect your freedom.
Ryan Deck grew up in Williamson County where he attended Round Rock High School. After graduation, he attended Trinity University in San Antonio, Texas. After receiving his undergraduate degree in Finance, he attended The University of Houston Law Center, graduating in 2003.
