Frequently Asked Questions
in Texas DWI Cases
When should I hire a DWI attorney?
Immediately. Texas law requires that a request for a hearing to keep your license must be made within 15 days from the date of your DWI arrest. If you fail to hire an attorney, and a hearing is not requested, you waive the opportunity to fight the license suspension. In short, the sooner you act the better chance I will have in providing the best DWI defense you need.
Why are Texas DWI laws so vigorously enforced?
There are tremendous societal pressures to make DWI arrests. MADD puts a great deal of pressure on legislators and the District Attorney and Police Departments to get "tough" on people that drink and drive.
There are also many deaths and injuries due to intoxicated drivers on the road. No doubt about that. However, the approach by law enforcement has been to cast a wide net, catching the guilty and innocent alike. The unfortunate result is innocent people spending thousands of dollars to clear their good name. In fact, law enforcement's approach is the opposite approach from what our criminal justice system dictates. . . INNOCENT until proven guilty.
I was arrested for DWI in Texas. Is my license automatically suspended?
No. However, if you refused to provide a sample of your breath or blood, or if you provided a sample and they say it had an alcohol concentration of .08 or greater, and a hearing is not requested to fight the DWI suspension, it will be suspended.
Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?
Absolutely. I have been able to keep a number of our clients here in Texas from ever having their license suspended. Also, it is the first and probably only opportunity that we will have to speak to the officer and get his story before the prosecutors have a chance to coach the officer.
If my license is suspended for a DWI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving record, we can almost always get you an Occupational Driver's License that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties. You may also be allowed to drive to and from school and your place of worship.
I got a Texas DWI and I have never been in trouble before. Am I going to jail?
Probably not. All cases are different, and I will have to look at your specific facts, but in most cases, I can successfully fight to keep you out of jail.
What part of your practice is devoted to defending Texas DWI cases?
Nearly every one of the cases in which I am hired is a DWI case. Texas DWI laws and techniques in defending DWI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Texas DWI laws, trends, and what occurs in Courts everyday. I am that lawyer. Also, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues.