FREQUENTLY ASKED QUESTIONS ABOUT DWI CHARGES
Below are answers to some of the most commonly asked questions about DWI:
Can I Go To Jail For A DWI?
Yes, but absent some specific circumstances, a person generally will not with proper representation. A first-offense DWI charge is considered a Class B misdemeanor, unless your blood alcohol content (BAC) is .15 or higher, which enhances the charge to a Class A misdemeanor. First-time offenders who work with a qualified criminal defense attorney stand a much better chance for lessened penalties and probation.
If this is not your first offense or the charges were enhanced for any reason, it is critical that you enlist the help of a qualified DWI lawyer as soon as possible to try and avoid the potential for jail time.
Do I Have To Consent To A Breath Or Blood Test If Pulled Over For DWI?
In Texas and all other states, by applying for a driver’s license, you are giving consent to any tests that determine impairment, including field sobriety and chemical tests. That being said, a person still has the right to refuse these tests if he or she wishes. This is often the best decision if a person has consumed some amount of alcohol. If a person refuses a breath or blood test, an officer may apply for a warrant to take a person’s blood, and if that warrant is granted, the person may not refuse. (If a valid warrant has been issued, law enforcement and medical personnel can literally hold a person down to take a blood sample.)
Is My License Going To Be Suspended For A DWI?
Whether your license will get suspended depends on the circumstances of your charge. You may face additional driver’s license suspensions and state surcharges if you are convicted of DWI or if you have prior DWIs. You may still be eligible to drive by obtaining an occupational driver’s license (ODL). Call our Denton office at 940-230-2413 for more information on this process.
Will My Insurance Rates Go Up As A Result Of A DWI Charge?
Every insurance company is different, and they all follow different rules and regulations for their insureds’ coverage. There is no way to be certain whether you may face increases in rates or possibly be dropped from coverage altogether. But generally, there is nothing in a person’s insurance coverage contract that requires that he or she disclose the DWI to the insurance company. We recommend that you contact your attorney before taking any action with your insurance company.
How Long Does A DWI Stay On My Record?
If you are convicted of DWI (or plead no contest), it remains on your record forever. There may be ways of limiting who can see the record, but a conviction is permanent. Some people believe that after seven or 10 years, the DWI is no longer on their record, but this is false.
Get Immediate Legal Support For Your DWI Charge
Contact Ross Law Offices, P.C., today, and we will help you navigate your way through the process and work diligently to achieve the best results possible. If you don’t see your question answered in our DWI FAQs, call us to get your questions answered.
Schedule a free consultation with DWI attorney John “Tony” Ross today by sending an email, or call his office directly at (940) 230-2400.