Given the complexity of DWI law in the state of Texas; there is a short answer and a long answer to this question. The short answer is yes. You will lose your license if you are charged with a DWI. The long answer to this question begins with taking quick action and finding the right representation. Let’s take a look behind the scenes.
What do I Need to Know about DWIs in Texas?
The first thing you need to understand about DWIs in the Lone Star State is that the laws are aggressively enforced for a reason. Texas has the second highest impaired driving accident rate in the country. What does this mean for you – the driver? It means there are a couple of enforceable distinctions you should be aware of:
- You do not have to be given a BAC (Blood Alcohol Content) Test to be pulled over or arrested. Although the legal limit is 0.08, law enforcement officials have the discretionary right to pull over and/or detain any driver suspected of operating a vehicle while intoxicated. The subjective nature of this statute has led to a high number of false arrests. If this happens to you, remember the next point.
- How you behave during and after your arrest matters. There is very little you can do to change the circumstances you are in once you have been stopped. Focus on staying calm and firmly stating your rights. In order to have the best chance of getting your license back or minimizing penalties, you need to start building a defense right away. The best way to do that is to hire a lawyer immediately.
What Happens When I Am Arrested for a DWI?
On the day you are arrested, you will be served with a Suspension Notice, which revokes your driving privileges. What a lot of drivers don’t know is that you have two weeks from the date of your arrest to officially schedule an Administrative License Revocation (ALR) Hearing. If you do not file the paperwork within that time frame, you will forfeit your driving privileges for the duration of the case. Worst case scenario? You neglect to file for an ALR and the deadline passes before you get legal counsel.
A good criminal defense attorney can help you navigate these complexities or at the very least help you file a petition for an Occupational Driver’s License (ODL). Your lawyer can petition the court for an ODL. This license will allow you to drive during the day for particular activities that are outlined in the petition. The privileges are restricted, but it’s better than having none at all.
What are the Consequences of a DWI?
- Fines
- Jail Time
- License fees and suspensions (up to and including full suspension of driving privileges)
- Probation
- Community service
If a full suspension of your driving privileges is warranted, it can last up to one year for your first offense and double for every subsequent offense.
Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas can evaluate the circumstances surrounding your case and give you the best possible defense. If you have a DUI/DWI case on your hands, you want an experienced, aggressive criminal lawyer on your side. Call Amarillo DWI attorney Jarrett Johnston immediately if you find yourself in this unfortunate situation.