Frequently Asked DUI / DWI Questions

What is a DWI?
DWI in Texas stands for driving while intoxicated. A DWI is not simply driving after drinking, but driving while being intoxicated. This is different than a Texas DUI, which is a drinking and driving charge for underage drivers.

What does “intoxicated” mean specifically in a DWI?
It can mean two things:

  1. Having an alcohol concentration at, or above, 0.08 grams; or
  2. Consuming alcohol and/or drugs to the point you lose normal use of mental or physical faculties

How quickly do I need to act in order to effectively contest a DWI?
If you have been served with an administrative license suspension, you have 15 days to request a hearing to contest the suspension. You should seek legal counsel as quickly as possible because physical evidence and witness statements need to be obtained before they are compromised. A lawyer can also help dispute your license suspension.

How do I choose an attorney?
Many attorneys have adequate skills to represent you or will be forthright in telling you to seek other counsel if they can’t handle it. Most lawyers have types of law that they specialize in. With a DWI, you need an experienced criminal defense lawyer who specializes in DWI defense.

If I think I’m guilty of a DWI, do I still need a lawyer?
Yes, most definitely. Your attorney is the only person who will have your interests in mind. A DWI lawyer has the training and motivation to navigate through the legal system, resulting in minimized consequences for you.

Are the state’s methods of measuring alcohol concentration accurate?
In short, no. There are pro’s and con’s to each method. Blood tests are believed to be the most accurate while urine tests are the least reliable. Breath testing lies somewhere in between blood and urine. Any of these tests are subject to many errors such as instrument malfunction, failure to follow proper testing procedures, and sample contamination. Blood and urine samples can be preserved for independent testing while a breath
samples are not preserved.

What are the possible consequences of a DWI conviction?
Penalties increase with the number of total convictions. Below are some examples:

  • Incarceration from 72 Hours
  • Thousands of Dollars in Fines
  • Probation
  • Community Service
  • Drug & Alcohol Counseling
  • Permanent Criminal Record