A DWI Charge Can Have Serious Consequences
Last updated on August 22, 2024
Driving while intoxicated (DWI) is an easy mistake to make. Whether people are out celebrating a special occasion with family, trying out a new restaurant with friends or even just vacationing in Fredericksburg, DWI charges can happen to anyone. However, the courts take them very seriously. If you’re facing a DWI charge, it is of the utmost importance to call a lawyer as soon as possible to ensure that you are protected.
Your Family And Future May Be At Stake
Our skilled criminal law attorney at The Neel Law Firm has extensive experience in Texas DWI law. He knows that the penalties given by the court can be severe and include punishments such as:
- Thousands of dollars in fines
- Jail or prison time
- Driver’s license suspension
These repercussions can have a huge impact on your life and future as well as those of your family. Our lawyer understands that and will use every possible avenue within the law to try to get your charges reduced or even dismissed. For instance, in some cases, probation may be a suitable alternative.
Our founding attorney, Oliver Neel, previously served as a prosecutor in Corpus Christi. This experience gives him insight into how the other side thinks, which can be an advantage in court.
Common Questions – And Answers – About DWI Charges In Texas
Below are answers to some of the questions you may have about Texas DWI charges. If you have additional questions, please reach out to us to schedule an initial consultation.
What sobriety tests do I have to take?
There are three main types of sobriety tests: field tests, breath tests and blood tests. Field sobriety tests include the one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus (HGN) test. They are typically given on the roadside after a traffic stop when the officer suspects the driver may be impaired by alcohol and/or drugs.
In Texas, you can refuse to participate in field sobriety tests without facing a legal penalty.
The same is not true for the breath test. If you refuse to take a breath test, your driver’s license will be automatically suspended for a minimum of 180 days. Additionally, the police might respond by getting a warrant for a blood test if they have probable cause to believe you are drunk.
Can drunk driving charges get dropped?
Yes, but only the prosecutor can drop the charges. Once you have been arrested, the police can no longer drop your charges.
The prosecutor might drop your charges for several reasons. For instance, if the police violated your constitutional rights during the arrest, then the evidence obtained as a result may be inadmissible in court. When that happens and the prosecutor doesn’t have enough evidence to proceed, they will generally drop the charges.
If the charges are not dropped, then it may be possible to get them reduced. This could mean that you receive lower penalties, even if you are still convicted (or plead guilty, which counts as a conviction). As a practical matter, it is very difficult to get charges dropped or reduced without the help of a skilled criminal defense attorney like ours at The Neel Law Firm.
Will I lose my license for a drunk driving conviction?
You can lose your license for a drunk driving arrest even if you are not subsequently convicted. If you refuse or fail a chemical test, then Texas will suspend your license. The suspension time for a conviction varies depending on whether you are under 21, whether this is your first offense, whether you have a commercial driver’s license and other circumstances of your arrest, such as whether you were driving with a child in the car.
If you are an adult with a standard license who has been charged with an ordinary first DWI offense, then your license could be suspended for three months to two years. However, if you act quickly, you may be able to contest the suspension or get a restricted license that would allow you to drive to work and/or school. However, to drive at all, you may have to get an ignition interlock device installed on your vehicle.
Reinstatement of your license is not automatic, even when you have served your full suspension. You will need to go through a reinstatement process, pay a fee and pay certain surcharges based on your age and situation.
Contact A DWI Defense Lawyer Today
There is no need to face your DWI charge alone. Call the Fredericksburg office of The Neel Law Firm today at 830-856-2548 or email us to arrange a meeting and see what our attorney can do for you.