Frequently Asked DWI Questions

Answers from a Proven Lubbock DWI Defense Attorney

Facing a DWI charge can feel confusing and overwhelming. When your future is hanging in the balance, it can feel as though you have no control of your life. As skilled and knowledgeable Lubbock DWI defense lawyers, we can help build the defense you need to fight these charges.

What is BAC and how is it determined?

Blood alcohol content (BAC) is the amount of alcohol measured in a person’s body and it can be determined by testing the blood or breath. Drivers who test over the legal limit of .08 may face DWI charges.

What kind of penalties am I facing if this is my first DWI?

In Texas, even first-time DWI convictions impose harsh penalties. These penalties can include between 3 to 180 days in jail, up to $2000 in fines, a $1000 annual surcharges for three years after conviction and a driver’s license suspension between 90-180 days.

How long does a DWI stay on my record?

A DWI conviction stays on your record indefinitely. Unless it is expunged or pardoned, the DWI will remain there past your lifetime.

Can I expunge my DWI?

Under Texas law, you can only have a criminal case expunged if you were found not guilty or falsely charged.

What is Texas’s “implied consent” law?

If you’re arrested for a DWI, state law requires that you take a blood or breath test. Texas’s “implied consent” law states that if you are arrested by a police officer who has probable cause to believe that you are intoxicated, it’s implied that you consent to taking a blood or breath test to determine what your blood alcohol content (BAC) is.

Are sobriety checkpoints legal?

In 1994, the Court of Criminal Appeals ruled that for any sobriety checkpoint to be reasonable, it must be authorized by a statewide policy that governs checkpoints. Since the Texas has not given police officers authorizations to set up roadblocks, sobriety checkpoints are unconstitutional in Texas.

What’s considered a felony DWI?

Your third DWI is considered a felony offense. Penalties for a felony DWI charge can include up to $10,000 in fines, 2 to 10 years behind bars and a driver’s license suspension for up to 2 years.