DWI FAQ’S (FREQUENTLY ASKED QUESTIONS)
The police took my driver’s license. Is my license now suspended?
No. You have 15 days from the day you are served your Notice of Suspension to request a hearing regarding your driver’s license (called an ALR hearing). If you do not request a hearing, your license will be suspended on the 40th day after Notice of Suspension is served. It is important to seek the advice of an attorney regarding your driver’s license issues.
If you consented to a blood draw, the police will not normally take your driver’s license. Notice of Suspension will be mailed to you if DPS receives a blood test result of .08 or greater. You only have 10 days to request a hearing once you receive a Notice of Suspension letter from DPS.
I was ordered to install a deep lung device (DLD) on my car as a condition of bond. What do I have to do and is that my only option?
In certain circumstances a DLD may be required while your case is pending. There may be alternatives that would work for you.
When will I go to court for the first time (misdemeanor cases)?
Collin County: The police will file your case with the District Attorney’s Office. If it is accepted, you will have a court date assigned to you shortly after the case is actually filed with a court. Initial court settings normally take place anywhere from 6 weeks to 4 months after arrest but it could take longer. You will need to have an attorney with you on your first court appearance. Depending on the policies of the court where your case is assigned, you may not have to appear at subsequent court dates.
Dallas County: You should have received a court date at the time you posted your bond and were released from jail. Your case may not actually be filed by this pre-assigned date. The date may need to be rescheduled if the case is not filed. The police will file your case with the District Attorney’s Office. You will need to have an attorney retained before your first court appearance. Depending on the policies of the court where your case is assigned, you may not have to appear on non-dispositive court dates.
How long will this process take?
There are many factors that determine how long a criminal case will last. Cases that are on the trial docket will obviously take longer to resolve. The majority of our DWI cases are resolved within 6 months – 1 year in Collin County and 8 months – 2 years in Dallas County.
Will I go to prison or jail for a DWI conviction?
The punishment will vary depending upon the circumstances of your case and whether this is your first, second or subsequent offense. By working with a defense lawyer and fighting your charges, you have the chance to avoid a conviction and therefore keep your freedom.
How can an attorney help me?
An attorney can begin working to protect your rights and interests by challenging the prosecution’s case and the evidence against you. This may include challenging field sobriety test results, breath test results or blood tests results. An attorney’s representation would also include presence at any and all court appearances, including trial.
Can a lawyer represent me at my ALR hearing?
Yes. We can contact the Department of Public Safety to schedule your administrative license revocation hearing (ALR hearing) and represent you at your hearing in order to help you reach a better outcome. Your driving privileges are extremely important, and skilled representation at your hearing may help you keep them.
What are some penalties associated with a Texas DWI conviction?
Specific penalties may vary, but in general a defendant may expect to face: imprisonment, probation, community service, driver’s license suspension, fines, surcharges and more.
If I have a DWI conviction on my record, can this affect my ability to find employment?
It is possible that having a DWI conviction on your criminal record may cause you difficulty finding employment. When a potential employer conducts a pre-employment background search, your DWI conviction will show up. This may or may not affect their desire to employ you. Many employers do not like to hire employees who have criminal records.