DWI in Austin, TX: Frequently Asked Questions

If you have been charged with a DWI you may have a lot of questions or be confused with what you should do. There are a lot of questions regarding possible consequences and how to best handle a DWI charge. To help you out we’ve put together this FAQ page to answer the most common questions we get to hopefully answer any questions you may have.

Will I lose my license if I am charged with a DWI?

A DWI offense in Texas can lead to a suspension of your license for a period of 90 days up to 2 years. The length of suspension is determined based on a driver’s age, blood alcohol level, circumstances of the offense, and prior convictions.

Are DWI laws different for minors?

Yes, for minors the state of Texas has a “zero tolerance” drinking and driving law. This means that anyone under 21 can be charged for drunk driving if they have any detectable amount of alcohol in their system.

Do DWI convictions stay on my record forever?

Yes they do. A DWI charge is classified as a misdemeanor or in more serious cases felonies, which go on your record if you are convicted. With the help of a good lawyer however, it is sometimes possible to get a DWI charge dismissed or reduced to a lesser traffic violation, in which case you won’t get a conviction on your criminal record.

What does “per se” Intoxication mean?

A driver is intoxicated “per se” when they have a blood alcohol content of .08 or higher. According to Texas law, the driver can be convicted for drunk driving based on this blood alcohol test alone, with no additional proof needed.

What is an “enhanced” DWI punishment?

For DWIs where the driver has a blood alcohol level of .15 or more you can get an “enhanced punishment”, meaning that you can get punished with higher fines and a longer jail sentence. If you are looking at enhanced penalties you should immediately hire an experienced DWI lawyer.

Do I Really Need a DWI Attorney?

This depends on your case, but in most cases it is advisable to hire a DWI attorney. A DWI attorney can help you get a reduced sentence or even an acquittal in some cases. Also, after a DWI arrest your license will automatically be suspended 40 days after your arrest if you don’t challenge the suspension within 15 days after your arrest. Your DWI attorney can help you request a hearing with the Department of Public Safety to challenge the automatic suspension.

Will a conviction affect my insurance rate?

Yes it will. Insurance rates can go up drastically after a DWI conviction. Obviously driving under the influence increases your chances of getting in an accident, which your insurer realizes. Sometimes they will even cancel your policy.

Can my DWI case get dismissed?

In some case DWIs get dismissed. This very much depends on the circumstances of the case however. For some cases there is no way around a conviction, in others a DWI attorney could get the case dismissed or charges reduced.
Hiring a DWI lawyer will improve your chances of getting a better outcome for your DWI case. The DWI attorney at Carroll Troberman, PLLC have years of experience with DWI Defense and will fight aggressively to defend your rights. Contact us today to set up a free and confidential consultation.

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