FAQ’s About DWI

Click on the questions below to expand each answer. If you’re unable to find a response to your question, call Jim Medley & Associates today at 713-NOT-A-DWI.

How do I fight a DWI license suspension?

From the date your license was confiscated, you have 15 days to schedule an ALR (administrative license revocation) hearing. Although legal counsel is not required for an ALR hearing, it is highly recommend that you do. Click here for additional details on fighting a DWI license suspension.

What is implied consent?

Did you know that by obtaining a Texas driver’s license, you’re implying consent to submitting chemical testing if suspected of driving while intoxicated? By refusing, you will be found guilty of violating the “implied consent” portion of the Texas State Transportation Code. Click here for additional details on implied consent.

What if I have had multiple DWI Offenses?

In our state, even your first DWI offense can be treated harshly, with steep penalties being levied at those who are convicted. These penalties can be increased substantially in the event that a person is convicted of DWI for a second, third or more times. Click here for additional details on repeat offenses.

What if the driver is underage?

The long-term consequences of a conviction on underage DWI charges can be even more severe than those faced by adults. Click here for additional details on underage DWI.

What reasons does a police officer have to stop me?

Speeding
Swerving in and out of your lane
Reckless driving
Running a red light or stop sign
Other driving infractions Click here for additional details on unlawful stops.

What is reasonable suspicion?

Unlike the more rigorous standard of “probable cause,” it has been established that an officer can fulfill the requirements of reasonable suspicion through any of the following circumstances:

Witnessing the act first-hand
Credible reports from citizens
Anonymous tips to the police
Dispatches from the police station
Tips from a reliable informant Click here for additional details on reasonable suspicion.

What if I am an out of state driver?

Any out-of-state visitor arrested for DWI should contact a Houston DWI lawyer who knows the local laws and has experience in the area courts. Click here for additional details on being pulled over with an out of state driver’s license.

What if someone was injured in an auto accident?

If you are in a driving while intoxicated accident, it is possible that you will face multiple criminal charges, especially if other individuals involved have been injured or killed in the accident. The charges can include DWI, as well as intoxication assault or intoxication manslaughter.  Click here for additional details on auto accidentst.

Can I avoid a DWI conviction?

In certain types of criminal cases that involve more minor offenses, it might be possible for the defendant to try and avoid a conviction through a deferred disposition, or a suspended sentence.  Click here for additional details on avoiding a DWI conviction.

Should I take a plea bargain?

If you face DWI charges in Houston, the best outcome for your case is to have the charges dropped completely, whether through proving your innocence or by invalidating the prosecution’s case on the basis of rules of evidence or an illegal DWI stop. Click here for additional details on plea bargains.

Can a Failed Field Sobriety Test Be Used Against Me At Trial?

In many cases, the prosecution will use whatever evidence they can to convict a defendant of DWI. For this reason, they may bring up the fact that you failed a preliminary sobriety test. Unlike breath or blood tests, however, field sobriety tests are entirely subjective. Simply put, it is up to the arresting officer to decide whether or not a slight jerk in the suspect’s eye is an indication of intoxication.Click here for additional details on the nystagmus test or here for more information on all the field sobriety tests

What is the 15 day deadline?

Even if this is your first time DWI charge, you only have 15 days from the date of your arrest in order for an ALR (Administrative License Revocation) hearing to be requested to fight for your privilege to drive in Texas.Click here for additional details on challenging evidence for the first time.

What is BAC & is it always accurate?

BAC stands for blood-alcohol concentration and is the percentage of alcohol found in a person’s body. Studies show that BAC testing is not foolproof, as both equipment and procedural mistakes are always possible. Click here for additional details on Blood Alcohol Science and Blood Tests.

Can I challenge a breath test?

Mistakes can be made when performing breath tests, whether it’s in the process of retrieving the sample, improper calibration or testing shortly after eating, smoking or vomiting. If you feel there was an error in your BAC level, you can challenge the results. Click here for additional details on Challenging a Breath Test.

When is a driver considered intoxicated?

A motor vehicle operator is considered intoxicated when their BAC is 0.08 percent or greater. The state also considers a person intoxicated when their mental or physical abilities are impaired.

What is an Administrative Hearing?

When you have been arrested for DWI, you have 15 days to schedule an administrative hearing. The purpose of the hearing is to determine whether or not your driving privileges will be revoked. If you do not schedule or attend the hearing, you license will automatically be suspended. A Houston DWI lawyer should be contacted to explain the hearing process in more detail, and the steps that you can take when challenging a license suspension.

What are the penalties for a DWI conviction?

Sentencing in a DWI will depend on the severity of the offense. DWI can be charged as either a misdemeanor or felony, with penalties that include probation, fines, restitution, court-ordered drug or alcohol counseling, mandatory installation of an ignition interlock device and/or driver’s license suspension.

Are DWI and DUI the same offense?

Under state laws, a person under the age of 21 who is arrested for drunk driving is charged with DUI. A minor can be found guilty of DUI if law enforcement detected any alcohol on their breath. Unlike DWI, a DUI does not require chemical testing evidence or a BAC of 0.08 percent or greater. Learn more by reading the related page: Is DWI the Same as DUI in Texas?

Why should I hire an attorney?

DWI charges are extremely serious and can result in harsh penalties, even if this is your first offense. You will also have a permanent criminal record that can affect your opportunities in life. A skilled DWI lawyer will be able to review your arrest and build an aggressive defense when fighting the charges against you.

What if I have been accused of hit and run?

FSRA is also known as hit and run. A small amount of property damage is considered a misdemeanor, but can still mean incarceration and a fine. If another person is injured in the crash, a felony charge of FSRA will be filed. Click here for additional details on DWI hit and runs.

What if I have been charged with possession?

In Texas, possession does not require ownership. Even if drugs belong to someone else, any person who knowingly has care, control or management of drugs when they are found can be charged.Click here for additional details on possession.

Jim Medley & Associates P.C. is a proven criminal defense firm that can answer all of your questions regarding DWI and how to challenge the prosecution’s case. Contact one of their Houston DWI defense attorneys today and learn more about how their experienced legal experts can help.