Texas DWI FAQ
Answers from a Fort Bend County DWI Attorney
If you or a loved one has been charged or arrested for DWI, you may have
basic questions regarding the DWI laws in Texas. I have created this frequently
asked questions page to assist people who have been recently charged or
arrested for driving while intoxicated. I have over 30 years of DWI experience,
and have helped countless clients minimize or eliminate DWI charges that
have been brought against them. It is my goal to help both prospective
and current clients understand the
DWI laws in Texas so they are aware of the potential penalties they may be
facing. If you have any more questions regarding DWI laws in Texas, or
wish to hire the Fort Bend County criminal lawyer at the Law Office of
Steven Rocket Rosen, please contact my firm.
When Is A Person Considered Legally Intoxicated?
According to Texas law, a person is considered legally intoxicated and
can be arrested and charged with DWI when their blood/breath alcohol content
is .08. However, if a person is demonstrating signs of impairment due
to alcohol, they may still be charged and/or arrested for driving while
intoxicated, regardless of their BAC.
What Is The Definition Of Intoxication In Texas?
Intoxication is defined as not having the normal use of mental facilities
by means of the consumption of alcohol, a controlled substance, a drug,
or a combination of two or more of said substances. It may also be defined
as not having a normal use of physical faculties by means of alcohol,
a controlled substance, a drug, or a combination of two or more said substances.
As mentioned above, if you have a BAC of .08 or higher, you are considered
Can A Passenger Be Fined For Having An Open Alcohol Container In A Car?
Whether the driver or passenger has an open alcohol container in a vehicle,
they may be facing fines up to $500.
What Happens If I Am Charged With DWI When A Minor Is In The Car?
If the child you are transporting is younger than 15 years old, you may
be charged with child endangerment, and may be facing fines up to $10,000,
up to two years in a state jail, and your driver's license may be
suspended for up to 180 days.
What Are The Penalties For A Minor Who Is Found To Be DWI?
Texas has a zero tolerance policy for minors who are found to be driving
while intoxicated. Any detectable amount of alcohol in any driver who
is under the age of 21 may be facing criminal charges. Minors charged
with DWI may have to pay up to a $500 fine, their license may be suspended
for 30-180 days, 8-40 hours of community service may be required, and
they must attend alcohol-awareness classes. Minors who are 17 or older
and are found to have a BAC of .08 or greater may face up to a $2,000
fine, three to 180 days in jail, and a driver license suspension for 90
days to one year.
What Should I Say To An Officer Who Pulls Me Over On Suspicion For Driving
Even if you have been drinking, do not admit to drinking while intoxicated.
You should not apologize or talk your way out of the situation, either.
Everything you say may be used against you in a court of law, and your
nervousness may cause you to say things that may imply that you are guilty.
If you are charged and/or arrested for DWI, do not speak to anyone prior
to hiring an experienced DWI attorney in Fort Bend County.
What Is The Implied Consent Law In Texas?
The implied consent law means that anyone who has a driver's license
automatically consents to a chemical test of their blood, breath, or urine
to determine BAC or the presence of drugs. If you refuse to take a chemical
test, your license may be suspended. Chemical tests are not always accurate,
and a DWI lawyer may be able to prove that your chemical test has been
Contact the DWI Attorney at Law Office of Steven Rocket Rosen
It may be beneficial for you to hire the Fort Bend County criminal lawyer
at Law Office of Steven Rocket Rosen if you have been charged or arrested
for DWI. The State of Texas does not allow a person to plead to a lesser
offense, but I may be able to protect your driving rights at an administrative
hearing. You only have 10 days to hire a criminal defense attorney before
your administrative hearing, so act fast.