Texas DWI Frequently Asked Questions


DWI Penalties in Texas - Austin Criminal Defense FAQs Driving While Intoxicated Frequently Asked DUI & DWI Questions

Why are Texas DWI laws so vigorously enforced?

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 ³tough² on people that drink and drive.

When should I hire a criminal defense attorney?

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.

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

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.

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

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 ³his story² before the prosecutors have a chance to coach the officer.

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

In almost every case, yes. Depending on your criminal and driving record, we can almost always get you an Occupational Driver¹s 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.

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

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.

What part of your practice is devoted to defending Texas DWI cases?

Nearly every one of my cases is a DWI case. Texas DWI laws and techniques in defending DWI are constantly changing. What worked yesterday may not be the best approach today. It is important to find a lawyer who stays on top of the current Texas DWI laws, trends, and what occurs in Courts everyday. I am such a lawyer. Also, I concentrate my Continuing Legal Education on DWI specific seminars, rather than general criminal law issues.

Are you skilled in the proper administration of Standardized Field Sobriety Tests?

Yes. I have completed training for the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety tests. This will allow me to better evaluate how you did on the tests, and more importantly, evaluate how the police officer administered them. This is important because most DWI prosecutions involve results of "field sobriety tests," some of which have been the subject of scientific studies conducted by the NHTSA.

Are you familiar with the breath test machine, the Intoxilyzer 5000, used in Texas?

Yes. I own two of my own Intoxilyzer 5000 machines. To the average criminal defense attorney, a breath test above the legal limit means "plead guilty" from the beginning, even though they will not tell you this until after the fee has been paid. To a true DWI defense attorney, a failed breath test in no way means you are guilty. I understand how the breath test machine works, what can cause you to submit an erroneously high reading, the philosophy behind breath testing, and how alcohol is absorbed and eliminated from the body. This is often the difference between a guilty and Not Guilty verdict. If you are serious about being found Not Guilty, it is a must that your lawyer be very knowledgeable about alcohol and the human body and its affect on breath testing.

Can you get my DWI case dismissed?

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.

You can discover for yourself how I can help save your license and freedom by calling me.

Contact Ken Gibson today for a FREE case evaluation.
DWI Case Evaluation in TX