DWI Frequently Asked Questions
If you have been criminally charged with drunk driving, then it is likely that you have a lot of questions. We at the Martinez Law Firm are here to help answer and address any issues that you may have. Below, our firm has both asked and answered some of the most common questions relating to driving while intoxicating. If you would like to learn more after reading the below questions, we encourage you to consult with our firm.
Why do I need an attorney if I have been charged with DWI in Texas? If you are convicted, you could face very serious punishments that could severely affect your life. Jail time, fines, probation, license suspension, community service and other penalties are handed out frequently in response to
DWI charges. Even if you believe you are innocent, you can still face conviction. That is why it is so important to speak with a DWI lawyer as soon as possible after you have been arrested and/or charged with drunk driving.
- What is blood alcohol concentration (BAC)? Blood alcohol concentration, or BAC, is the level of alcohol concentration present in your blood as represented by a breath, blood or urine test. These tests can determine whether you will be charged with DWI in Texas.
- What is the "legal limit" in Texas? You can be arrested for DWI if your BAC is more than 0.08 percent. However, you can also be charged and arrested if your driving is impaired and your BAC is less than 0.08 percent.
What is an ALR hearing? ALR stands for Administrative License Revocation. An
ALR hearing will determine whether your license is suspended after you have been arrested / charged with DWI. The arresting officer will issue you a Notice of Suspension and he or she will take your driver's license. You must then schedule a hearing within 15 days of receiving the Notice of Suspension otherwise your license will be automatically suspended for a period of time. With the help of an experienced
Houston DWI lawyer, you could have your license returned.
What surcharges can I expect if I have been convicted of DWI? The state of Texas applies expensive yearly
surcharges on the licenses of individuals who have been convicted of DWI. Depending upon your circumstances, you could face anywhere from $1,000 to $2,000 in surcharges for just the DWI conviction(s). You will have to pay these surcharges for three years after the date of conviction.
Is the breath test always accurate? No. In fact, there have been many cases that were successfully defended from DWI charges because the Intoxilyzer test was proved to have been administered inaccurately. Depending upon the circumstances of your case, this could be a defense. However, it is important to speak with an attorney no matter what you blew on the
breath test machine. You can still be charged with DWI even if the test was administered inaccurately or if you blew less than 0.08 percent.
- Can I refuse to take a breath or blood test? Yes. However, if you do, you will receive an increased license suspension (180 days) than if you had taken the test and it showed that you were driving with a BAC over the legal limit (90 days). If you have a prior record of refusing to take a breath or blood test, the suspension could be increased.
Contact a Houston DWI lawyer today if you have a DWI-related legal issue!