Driving While Intoxicated (DWI) charges in Texas come with a significant amount of misinformation and misunderstandings. These myths can lead to confusion and could potentially impact the decisions made by those facing such charges. It is essential to separate fact from fiction to understand the true nature of DWI laws and the consequences of a conviction. This comprehensive guide aims to debunk the top ten myths about Texas DWI charges, providing clarity and accurate information.
Firm Accolades
You Must Be Drunk to Be Charged with a DWI
One of the most common misconceptions is that you must be visibly intoxicated or drunk to be charged with a DWI in Texas. The reality is that the legal standard is based on blood alcohol concentration (BAC) levels. In Texas, if you have a BAC of 0.08% or higher, you can be charged with a DWI, regardless of whether you appear drunk. Even if you feel fine and believe you can drive safely, a BAC at or above the legal limit is enough for law enforcement to arrest you. Additionally, impairment can occur at levels below 0.08%, and officers may still charge you if they believe your driving is impaired.
DWI Charges Only Apply to Alcohol
Another widespread myth is that DWI charges are exclusive to alcohol consumption. In Texas, DWI laws encompass any substance that impairs your ability to operate a vehicle safely. This includes illegal drugs, prescription medications, and even over-the-counter drugs that cause impairment. Law enforcement officers are trained to identify signs of impairment from various substances, and a DWI charge can result from the influence of any substance that affects your driving capabilities.
Managing Partner Partner & Criminal Division Chief Criminal Division Senior Associate Criminal Division DWI Trial Chief Criminal Division Associate
You Can’t Be Arrested for a DWI if You’re Not Driving
Many people believe that you can only be charged with a DWI if you are actively driving the vehicle. However, Texas law states that you can be charged if you are operating or even in physical control of a vehicle while intoxicated. This means that if you are found sitting in the driver’s seat with the keys in the ignition, you could still face a DWI charge. The law aims to prevent individuals from having the potential to drive while impaired, so even if the car is stationary, you can be arrested if it is determined you are in control of the vehicle.
Refusing a Breathalyzer Test Will Prevent a DWI Charge
Refusing to take a breathalyzer test is often thought to be a surefire way to avoid a DWI charge. While you do have the right to refuse a breathalyzer test in Texas, this decision comes with significant consequences. Under Texas’ implied consent laws, refusing a breathalyzer test will result in an automatic suspension of your driver’s license for up to 180 days. Furthermore, law enforcement officers can still arrest you based on other evidence of intoxication, such as field sobriety tests, the smell of alcohol, or erratic driving behavior. In some cases, officers may also obtain a warrant to draw your blood and test your BAC without your consent.
"Deandra Grant Law handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service." "Deandra Grant Law fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases." "Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- N. Coulter
- P. Williams
- M. Haley
A First-Time DWI Offense Isn’t a Big Deal
A first-time DWI offense in Texas is often mistakenly viewed as a minor infraction with minimal consequences. However, even a first-time DWI conviction can have severe repercussions. Penalties for a first-time DWI offense can include fines up to $2,000, jail time ranging from three to 180 days, community service, mandatory alcohol education classes, and the installation of an ignition interlock device on your vehicle. Additionally, a DWI conviction will result in a permanent criminal record, which can impact your employment opportunities, insurance rates, and personal reputation.
You Can’t Be Charged with a DWI if Your BAC is Below 0.08%
Many people believe that as long as their BAC is below the legal limit of 0.08%, they cannot be charged with a DWI. While it is true that 0.08% is the legal threshold for intoxication, you can still be charged with a DWI if law enforcement believes you are impaired, regardless of your BAC level. Texas law allows for DWI charges if your driving ability is compromised by any amount of alcohol or drugs. This means that even if your BAC is below 0.08%, if you exhibit signs of impairment or fail field sobriety tests, you can still face DWI charges.
Only Repeat Offenders Face Serious Penalties
There is a common misconception that only repeat DWI offenders face significant penalties in Texas. While it is true that penalties increase with each subsequent offense, first-time offenders can still face severe consequences. Texas takes DWI offenses very seriously, and even a first-time conviction can result in substantial fines, jail time, community service, and other penalties. Repeat offenders face even harsher consequences, including longer jail sentences, larger fines, extended license suspensions, and mandatory participation in alcohol treatment programs.
Biggest Mistakes of a DWI Charge Choosing a Personal Injury AttorneyRelated Videos
You Don’t Need an Attorney for a DWI Charge
Some individuals believe they can handle a DWI charge on their own without the assistance of an attorney. This is a dangerous misconception, as DWI laws in Texas are complex and the consequences of a conviction are severe. An experienced DWI attorney can provide invaluable assistance by examining the evidence, identifying potential defenses, negotiating with prosecutors, and representing you in court. Attempting to navigate the legal system without professional guidance can result in unfavorable outcomes, including harsher penalties and a greater likelihood of conviction.
DWI Charges Can Be Easily Expunged from Your Record
Many people mistakenly believe that a DWI conviction can be easily expunged from their criminal record. In Texas, expungement of a DWI conviction is not possible. Once you are convicted of a DWI, it remains on your criminal record permanently. This can have long-lasting effects on your personal and professional life, as potential employers, landlords, and others can access your criminal history. The only way to potentially avoid a permanent mark on your record is to successfully fight the DWI charges with the help of an experienced attorney.
Case Results
Field Sobriety Tests Are Mandatory and Conclusive
There is a belief that field sobriety tests are mandatory and provide conclusive evidence of intoxication. In reality, field sobriety tests are voluntary, and you have the right to refuse them. These tests, which include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are subjective and can be influenced by various factors such as nervousness, medical conditions, and even uneven road surfaces. While refusing these tests may not prevent an arrest, it can limit the evidence against you. An experienced attorney can challenge the validity of field sobriety tests and argue that the results were affected by factors other than intoxication.
Fight for Your Rights and Future Contact Deandra Grant Law Today
Understanding the facts about DWI charges in Texas is crucial for anyone who drives. By debunking these common myths, you can better navigate the legal landscape and make informed decisions if you ever find yourself facing a DWI charge.
If you or a loved one is facing a DWI charge in Texas, it is essential to seek professional legal assistance to ensure your rights are protected and to achieve the best possible outcome. At Deandra Grant Law, our experienced attorneys are dedicated to providing comprehensive and personalized legal representation for those accused of DWI offenses. Contact us today to schedule a consultation and learn how we can help you navigate the complexities of DWI law.