Texas DWI FAQ's

Am I going to jail?

Everyone arrested for DWI will be taken to jail during the arrest. Yet, usually, a person accused of Driving While Intoxicated, will not be sentenced to jail even if convicted of the crime. Each case is different and many factors are involved concerning jail time; yet, for a typical first time DWI, going to jail is not the normal sentence if convicted.

Can I get out on bond if I am arrested for DWI?

Yes. Each county handles bond and release procedures differently. In some counties you are more likely to need a bondsman, some counties are easier for personal bonds. In Travis County, it is common for a lawyer to arrange a personal bond for someone arrested for DWI. In other counties such as Williamson or Bastrop it is more common, and more efficient to use a bondsman.

What if I think I am not guilty?

Each person arrested for DWI has an absolute right to a trial. Many people arrested for DWI dispute the allegation. Talk to your attorney or call us for an appointment.

What will my punishment be if I am guilty?

Each case is different and there is no practical way to give that information in this web page. Still, for most first time, routine DWI's probation is common. A first time DWI is punishable up to 180 days in jail and a $2,000.00 fine. Probation is available for most people. You should ask your lawyer for more information.

This is my second DWI!

A second DWI is different from a first DWI in many ways. The range of punishment changes dramatically and the policies of the prosecutors offices. Many Judges and Prosecutors insist on some jail time for this offense. There are also more severe and harsh ramifications for your driver's license. Please talk to your lawyer or set up an appointment with us for specific information.

Will I lose my Drivers license?

In Texas, the Department of Public Safety will suspend anyone’s drivers license based upon the arrest, unless you request a hearing and prevail at that hearing. You have a right to contest the suspension at a hearing as long as you make a timely request as given by law. The suspension is between 60 or 90 days in a typical first time DWI. The area of license suspension is complicated and you should talk to an attorney or call us for an appointment.

If my driver's license is suspended how do I get it back?

You must go to the Department of Public Safety and get your license re-instated. There is a re-instatement fee that must be paid at DPS.

I am under 21, will I be treated differently?

Yes, a person under 21 arrested for DWI will be treated differently under the law. Most of the differences are concerning your driver' license. Driver's license limits and suspensions are more severe for a person under 21 arrested and convicted of DWI. Also, the Legislature is at work this session to enact more severe punishment for young drivers arrested for DWI. It may become a zero tolerance area soon.

Can a lawyer make a difference?

Yes! There are many lawyers and not all of them may be best for your case. Many factors are considered when hiring a lawyer, such as, experience, the number of trials he/she has had, were they a prosecutor before, did they get some other exceptional experience, and so forth... For example, I worked as a prosecutor in Austin before becoming a defense lawyer. The experience gained as a result of working against the best lawyers in the city daily is phenomenal. It would be hard to re-live that experience.