DWI

What Are the Most Common Misconceptions About DWI in Texas?

If you’re reading this, it’s likely that you’re facing a difficult situation and may be feeling overwhelmed by the stress and uncertainty of dealing with a DWI charge. You’re not alone. Many individuals in Texas find themselves confused or anxious after an arrest for driving while intoxicated. The legal process can be complicated, and it’s natural to have many questions about what to expect and how to navigate this challenging time. At our firm, we understand the emotions you’re going through, and we’re here to provide guidance and support. We aim to help you achieve the best possible outcome for your case.
There are several misconceptions about DWI charges in Texas that can cause confusion. It’s important to separate fact from fiction so that you can make informed decisions about your case. In this blog, we’ll break down the most common myths surrounding DWI cases and provide clarity about what really happens when you’re charged with DWI.

You Will Automatically Lose Your License After a DWI Arrest

One of the most common misconceptions about a DWI charge in Texas is that your license will automatically be suspended immediately after you are arrested. This is not true. While it’s true that you can face administrative penalties, such as a license suspension, it is not an automatic process. Texas law provides an opportunity to challenge the suspension. After a DWI arrest, the arresting officer will usually issue a temporary driving permit, allowing you to continue driving for a limited period of time. You have 15 days to request an administrative hearing with the Texas Department of Public Safety (DPS) to contest the suspension. This hearing is separate from your criminal case, and a skilled attorney can help you request and represent you at this hearing to try to avoid the suspension of your license.

You Will Always Go to Jail for a DWI Conviction

Many people believe that if they are convicted of DWI in Texas, they will automatically go to jail. While jail time is a possibility, it is not guaranteed in every case. The consequences of a DWI conviction depend on several factors, including whether you have any prior DWI convictions, your blood alcohol concentration (BAC) level at the time of the arrest, and whether any aggravating factors were involved, such as a child passenger in the vehicle.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

 In some cases, a DWI charge can result in penalties like fines, community service, mandatory alcohol education classes, and probation instead of jail time. If you have no prior offenses, your legal team may be able to work on a plea deal or seek alternative sentencing options, such as house arrest or treatment programs. Having a strong legal defense is critical to avoiding the harshest penalties.

Refusing a Breathalyzer Test Will Automatically Benefit Your Case

Another widespread misconception is that refusing to take a breathalyzer test will help you avoid a DWI conviction. In Texas, refusal to take a breathalyzer test can actually have negative consequences. The state has an implied consent law, which means that by obtaining a driver’s license in Texas, you have agreed to submit to a chemical test if requested by law enforcement during a DWI stop.

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Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- Anil Lingutla

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I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."

- Isaac Harrell

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After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."

- JJ Canter

 If you refuse to take the test, you could face automatic license suspension for up to 180 days for a first offense. Additionally, your refusal could be used as evidence against you in court, potentially harming your defense. While you have the right to refuse, it’s important to fully understand the consequences before making that decision. A knowledgeable attorney can help you navigate these difficult choices and determine the best course of action for your case.

If You’re Over 21, You Can Drink and Drive as Long as You’re Below a 0.08 BAC

Many people mistakenly believe that as long as their BAC is below the legal limit of 0.08 percent, they can legally drive after consuming alcohol. However, this is not always the case. While 0.08 is the legal threshold for drivers over 21, you can still be arrested for DWI even if your BAC is below that limit if the officer believes that your ability to drive is impaired due to alcohol or drugs. Texas law allows officers to charge individuals with DWI if their driving is affected by any substance, including alcohol, prescription medications, or illegal drugs, even if their BAC is under 0.08. Impairment is not solely determined by BAC; it’s also based on your behavior and ability to drive safely. If an officer observes signs of impairment, you could be arrested and face DWI charges regardless of your BAC level.

DWI Charges Will Always Show Up on Your Record

Some people believe that a DWI charge, whether it results in a conviction or not, will always appear on their criminal record. While it’s true that a conviction for DWI will remain on your record, a charge alone does not automatically result in a permanent criminal record. There are options for expungement or sealing your record in certain cases, especially if the charge is dropped, you are found not guilty, or you successfully complete deferred adjudication.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

DWI - Not Guilty

0.117 BAC Three Hours After Causing A 3-Car Accident

Second DWI - Not Guilty

0.24 DWI on Moped And Stipulated To Intoxication In Trail

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2 DWIs 3 Years Apart

DWI - Not Guilty

2nd DWI .165 BAC

DWI - Not Guilty

2nd DWI - Refused Sobriety Testing

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0.199 BAC 2.5 Hours After The Stop

 Expungement is the legal process of removing a charge or conviction from your criminal history, and it may be available to those who meet the eligibility requirements. If you are concerned about the long-term consequences of a DWI charge on your record, it’s important to discuss your situation with an experienced attorney who can evaluate your case and help you explore the possibility of clearing your record in the future.

If You Hire a Lawyer, You’re Guaranteed to Win Your Case

While hiring a qualified attorney is crucial for increasing your chances of a favorable outcome, no lawyer can guarantee a specific result in any case. DWI cases can be complex, and various factors influence the outcome, including the strength of the evidence, the circumstances surrounding your arrest, and the judge’s discretion. A skilled attorney will work tirelessly to review all aspects of your case, challenge any weaknesses in the prosecution’s evidence, and explore possible defenses. While there are no guarantees, having a trusted legal professional by your side can significantly improve your chances of obtaining the best possible result, whether that’s a reduced charge, a dismissal, or a more favorable sentencing arrangement.

DWI Charges Are Only Serious If You Cause an Accident

While it’s true that causing an accident while driving under the influence can lead to more severe penalties, DWI charges are serious even if you didn’t cause an accident. A conviction can result in fines, a permanent criminal record, a license suspension, and other long-term consequences that can affect your personal and professional life. Texas takes DWI offenses seriously, and the penalties for a conviction can be significant, regardless of whether an accident was involved. The state also has harsher penalties for repeat offenders, individuals with high BAC levels, and those who have a child passenger in the vehicle at the time of the arrest. It’s crucial to treat any DWI charge as a serious matter and seek the assistance of an experienced attorney to protect your rights and your future. If you’ve been arrested for DWI in Texas, it’s important to seek legal help as soon as possible. The legal process can be overwhelming, but with the right support, you can navigate it more confidently. At Wilder Law Firm, we understand the confusion and stress that comes with a DWI charge, and we are here to guide you every step of the way. We work hard to ensure that you have the best possible chance for a successful outcome in your case. Contact us today to schedule a consultation and take the first step towards protecting your rights and your future.

To learn more about this subject click here: How Can a Prior DWI Conviction Affect Your Future in Texas