FAQ About Texas DWI

Get Answers From Our San Antonio DWI Attorneys

A DWI arrest will inevitably lead to questions and concerns about your case. Addressing those questions will help you to better understand your situation so that you can make informed choices about how to proceed. Our San Antonio DWI lawyers can answer your particular questions when you arrange for a free consultation. However, the following are a few of the frequently asked questions that clients have concerning DWI.

We hope you will review them and call our offices at (210) 960-9557 for further information about your specific situation.

What is probable cause and how is it used in a DWI arrest?

Probable cause gives police officers a justification for stopping a driver, making an arrest, or conducting a search of the driver and/or his or her vehicle. Without probable cause, a police officer has no reasonable grounds for these actions. As an example, an officer may witness a driver violating traffic laws, such as failing to stop at a stop sign, running a red light, drifting into other lanes of traffic, and other suspicious driving behaviors. These behaviors give the officer probable cause to stop the driver for suspected DWI. Challenging an officer’s probable cause, however, is one aspect of DWI defense.

In what way can you challenge field sobriety tests?

To be valid, field sobriety tests must be administered and evaluated by a law enforcement officer who has been fully trained to administer them. One way to challenge these tests is to show that they were not administered correctly. For example, if you “failed” the walk-and-turn test because the ground was uneven or because you were wearing high heels, the test results can be challenged as faulty. Another way to challenge field sobriety tests is to show that the arresting officer lacked formal training in their administration or that he or she “failed” you based on an inaccurate evaluation of your performance.

If I failed the breath test, isn’t that an automatic conviction?

No. Breath testing can be challenged as evidence in many different ways depending on a number of factors. Even a breath test showing you were above the legal limit of .08 percent blood alcohol content is not a given. The test result could be incorrect or inadmissible. That is why our San Antonio DWI attorneys carefully evaluate these tests. These evaluations can help us devise the best way to challenge them in your defense.

Why is it so important to call an attorney right away?

It is important to involve an attorney in your case as soon as possible after any DWI arrest so that your legal rights are protected from the start. By doing so, you are exercising your right to remain silent and your right to legal representation. Because DWI is a serious legal matter, your best defense against a conviction is to take advantage of a professional who deals with these matters routinely and who fully understands what can be done to optimize your case.

Will I lose my license?

An automatic license suspension will be initiated by the Texas Department of Public Safety after any DWI arrest. However, you will have 15 days from the date of the arrest to request a hearing before a judge to challenge the loss of your driving privileges. This hearing is a civil matter that is separate from criminal proceedings. Smith & Vinson Law Firm has handled many of these hearings for our clients and we recommend that you involve one of our San Antonio DWI lawyers to do this in your case as well. Our firm has the knowledge and resources to potentially help you avoid a license suspension. We are extremely skilled in challenging evidence and arguing cases.

What are the penalties for a DWI conviction in Texas?

The penalties for a DWI conviction in Texas can vary greatly depending on the number of prior offenses and other factors. For a first offense, it can result in up to 180 days in jail, a fine of up to $2,000, and a 90-day license suspension. Subsequent offenses can lead to harsher penalties, including longer jail sentences and larger fines. Additionally, all convictions carry the possibility of mandatory alcohol education programs and the installation of an ignition interlock device in your vehicle. You can learn more about this topic visiting our DWI Penalties Page.

How long can a DWI case take to resolve?

The timeline for resolving a DWI case can vary. On average, a straightforward case may take several months to reach resolution. Factors affecting the timeline include court schedules, availability of attorneys, negotiation of plea deals, and any pre-trial hearings. Complex cases may take longer, especially if they involve extensive legal arguments or multiple charges.

What should I do if I am pulled over for suspected DWI?

If you are pulled over for suspected DWI, the best approach is to remain calm and polite. You have the right to remain silent and should inform the officer that you wish to consult with an attorney before answering any questions. It's advisable to avoid any actions that may be interpreted as evasive or confrontational. Also, you can refuse field sobriety tests, but this may lead to automatic license suspension. Make sure to take note of the details of the stop, as this information can be helpful for your legal representation.

Is there a difference between DWI and DUI in Texas?

Yes, there is a distinction between DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) in Texas. DWI refers specifically to operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, while DUI applies to minors (individuals who are under the drinking age of 21) who are driving under the influence of alcohol or drugs, regardless of the BAC level. The penalties for each can also differ significantly. It is important to consult with a knowledgeable attorney to understand the specific details of your case and how it may be impacted by these distinctions.

How can an attorney help with my DWI case?

An experienced DWI attorney can provide valuable support and guidance throughout every stage of your case. They can thoroughly review the evidence against you, identify potential issues or inconsistencies, and develop a strong defense strategy tailored to your specific situation. Additionally, they can negotiate on your behalf for reduced charges or penalties and represent you in court if necessary. Having a skilled lawyer on your side can greatly increase your chances of achieving a favorable outcome in your DWI case.

Have more questions? Get additional answers by calling Smith & Vinson Law Firm at (210) 960-9557 today.