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Houston DUI Frequently Asked Questions

When Stopped For DWI Suspicion, Should I Take Sobriety Tests?

No. Even if you have not had anything to drink, I would still suggest that you not submit to field sobriety tests. If you do not perform well, even if you drank nothing, the police may say you were under the influence of another drug.

If you have been drinking, then the police will note that you had the strong odor of alcohol on your breath and you did not perform well on the field sobriety test. If you refuse to take the field sobriety tests, then the police have less evidence against you to prove that you were intoxicated.

Should I Submit to an Intoxilyzer Machine For the Breath Test?

No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has an acceptable rate of error. If the machine is not calibrated correctly, it may measure the alcohol in your blood incorrectly.

If so, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. However, I would advise telling the police that you will take the test they want to give you in the presence of your attorney.

Will I Lose My Driver License?

If you take the breath test and the machine registers over .08 breath alcohol concentration, DPS will attempt to suspend your license for 90 days for a first DWI arrest.

If you refuse to take the breath test after having been arrested for a DWI, then the DPS will attempt to suspend your license for 180 days.

Of course, you have the right to request an administrative hearing and try to challenge the Driver license suspension. You must request that hearing within 15 days of your request or you have waived your right to that hearing. If you do not request the hearing within 15 days then your license will automatically be suspended 40 days after you were arrested.

Can I Drive During the Suspension Period?

You are required to obtain a restricted driver license during this suspension period. Our law firm has obtained hundreds of driver licenses for clients in this situation. We can normally obtain a license from the Court that allows you to drive for twelve hours per day. You can pick the twelve hours that you want to drive. For example you could drive from 8:00 A.M. to 8:00 P.M., or you split the hours up in just about any manner you choose.

What Is A Driving Log?

In some instances we can obtain a license that allows you to keep a driving log in your car. This log allows the driver to drive when needed as long as the hours do not reach more than twelve hours in any one-calendar day.

How Do I Get My License Reinstated?

After obtaining a restricted driver license from the Court, there is another step in the process you must understand. Within 30 days of obtaining the Order from the Court, the driver must file his Occupational License with the Department of Public Safety in Austin along with the following documents:

• A SR-22 (this is a statement from an insurance company indicating that the driver is insured)
  
• A copy of the Order granting the restricted driver license
  
• A reinstatement fee of $125
  
• A $10 fee for the brown occupational driver license
  
• A SR37 (this is a very small informational sheet that takes one minute to fill out.)

Will Your Law Firm Help Me Obtain All of These Documents?

Yes. Our Houston criminal defense law firm will take care of every step of the occupational driver license process. We can make it so that all you have to do is give us a copy of your insurance, and choose the hours that you drive. We will send someone to Austin to take care of everything that needs to be done there; and they will mail you the driver's license from Austin.

May I Go To Jail?

Whether or not you go to jail depends upon a variety of factors. Among these are the skill of your attorney, your criminal record, and the individual factors in your case. However, for a typical first time DWI, going to jail is not the normal sentence if convicted. Sometimes going to jail for a few days is easier than a lengthy probation. If you do not succeed on probation, the State can file a motion to revoke your probation, which may result in a longer jail sentence than what you could have obtained before being put on probation.

What If I Think I Am Not Guilty?

Each person arrested for DWI has an absolute right to a trial. Many people arrested for DWI end up disputing the DWI allegation. Our law firm would be honored to represent you if you choose to go to trial.

Can I Get Out On Bond if I Am Arrested For DWI?

Yes. Each county handles bond and release procedures differently. In some counties you are more likely to need a bondsman, some counties are easier for personal bonds. In Harris County, it is not common for a lawyer to arrange a personal bond for someone arrested for DWI. It is more common and more efficient to use a bondsman.

If My Driver License Is Suspended How Do I Get It Back?

If you pay your reinstatement fee, when your suspension period is over, your license will normally go back into effect. Often, you are required to have a SR-22 on file with the Department of Public Safety for one year after your license has been reinstated.

If I am Under 21 Will I Be Treated Differently?

Yes. A person under 21 arrested for DWI will be treated differently mostly in regard to your driver license. Driver license restrictions and suspensions are more severe for a person under 21 arrested and convicted of DWI. A person who is under 21 will have a one-year suspension period even if they receive probation for a DWI. Thus, they may need a restricted driver license for one year.