DWI Defense
DWI Frequently Asked Questions
If you’ve been charged with a DWI in Fort Worth, you likely have many questions about the legal process, potential penalties, and your rights. Below are answers to the most common questions we receive at Cole Paschall Law.
What Does It Mean to Be Intoxicated in Texas?
Texas defines intoxication as lacking normal mental or physical faculties due to alcohol, controlled substances, or drugs. A blood alcohol concentration (BAC) of 0.08 or higher also qualifies as legal intoxication, regardless of whether your faculties appear impaired.
What Is the Difference Between DWI and DUI?
DUI (Driving Under the Influence) applies to those under 21 who are found with any detectable amount of alcohol while driving. DWI (Driving While Intoxicated) applies to those 21 and older who are operating a vehicle while intoxicated. DWI carries significantly more severe penalties.
What Should I Do If Stopped by Police After Drinking?
Remain respectful but know your rights. You can politely decline to answer questions about how much you’ve had to drink without an attorney present. Do not volunteer information that could be used against you. Exercise courtesy at all times.
Can I Refuse a Breathalyzer or Blood Test?
Technically, you can refuse. However, Texas has an implied consent law, meaning that by driving on Texas roads, you’ve implicitly consented to chemical testing. Refusing a breath or blood test can result in an automatic driver’s license suspension of up to two years. You may request an Administrative License Revocation (ALR) hearing within 15 days of your arrest.
Should I Take Field Sobriety Tests?
Field sobriety tests are voluntary in Texas. Police use test results to build cases against you. Many DWI defense attorneys recommend politely declining field sobriety tests, as the results are subjective and often used against you regardless of performance.
What Are the Penalties for a DWI Conviction?
Texas mandates the following penalties based on the number of offenses:
- First Offense: Up to 180 days in jail, fines up to $2,000, license suspension up to 1 year
- Second Offense: Up to 1 year in jail, fines up to $4,000, license suspension up to 2 years
- Third Offense: 2 to 10 years in prison, fines up to $10,000, license suspension up to 2 years
Additional consequences may include probation, community service, mandatory DWI education programs, and ignition interlock device installation.
How Long Does a DWI Stay on My Record?
DWI convictions remain on your record indefinitely in Texas. First-time offenders may apply for non-disclosure (record sealing) after completing probation requirements and waiting two years. Learn more about DWI record sealing.
Can I Get an Occupational Driver’s License?
Yes. An occupational license permits limited driving for work, essential obligations, or education after meeting specific requirements and fees. Learn more about occupational licenses.
What Is DWI With a Child Passenger?
DWI with a minor under 15 in the vehicle is a state jail felony in Texas, carrying up to 2 years in state jail and fines up to $10,000. This applies even if it would otherwise be a first-offense misdemeanor DWI. Learn more.
Contact Us for a Free DWI Consultation
Don’t navigate DWI charges alone. Contact Cole Paschall Law today for a free consultation. Our experienced DWI attorneys are available 24/7 and ready to build a strong defense on your behalf.
