DWI/DUI - FAQ

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  1. Why are Texas DWI laws so vigorously enforced?
  2. When should I hire a criminal defense attorney?
  3. I was arrested for DWI in Texas. Is my license automatically suspended?
  4. Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?
  5. If my license is suspended for a DWI, can I get a license to drive to work?
  6. I got a Texas DWI and I have never been in trouble before. Am I going to jail?
  7. Can you get my DWI case dismissed?

Question:
Why are Texas DWI laws so vigorously enforced?

Answer:
There are tremendous societal pressures to make DWI arrests. MADD puts a great deal of pressure on the County Attorney and Police Departments to get "tough" on people that drink and drive.

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Question:
When should I hire a criminal defense attorney?

Answer:
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 criminal DWI defense you need.

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Question:
I was arrested for DWI in Texas. Is my license automatically suspended?

Answer:
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.

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Question:
Is there any benefit in requesting an Administrative License Revocation (ALR) Hearing?

Answer:
Absolutely. We have been able to keep a large 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.

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Question:
If my license is suspended for a DWI, can I get a license to drive to work?

Answer:
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.

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Question:
I got a Texas DWI and I have never been in trouble before. Am I going to jail?

Answer:
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.

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Question:
Can you get my DWI case dismissed?

Answer:
It would be unethical for me to promise that I will get your DWI case dismissed. That being said, my goal will be to get your case dismissed, keep your record clean, and prevent you from losing your freedom, dignity, and license to drive.

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