DWI Frequently Asked Questions
DWI laws can be complicated. We are here to give you answers.
While many people will use the terms DUI and DWI interchangeably, it is important to note that there are differences between them. In Texas, a DWI is an offense separate from a DUI. A DWI carries serious potential penalties. If you or a loved one is facing a DWI charge, you probably have a million questions. Here are a few of the most common DWI questions:
What is DWI?
DWI stands for “driving while intoxicated.” You may be charged with a DWI if you are found operating a vehicle while physically or mentally impaired due to consuming drugs or alcohol. If you are found to have a .08 BAC or higher, you can be charged with a DWI . This is referred to as a “per se” DUI.
What are the penalties for a DWI in Texas?
A first time DUI conviction if you were found with a BAC of .08 or greater, but less than .15, may include:
- A fine up to $500
- 60 days’ suspension of your driver’s license
- 20 to 40 hours of community service
- Alcohol awareness classes
If you already have DWI convictions on your record, your BAC was greater than .15, or you injured or killed someone during the commission of the DWI, these penalties will increase in severity.
What is the difference between a DWI and a DUI?
A DUI charge applies when an individual under the age of 21 is found to have been drinking and driving. It does not matter how much alcohol they have consumed. Texas has a zero tolerance policy for minors which means a minor can be charged with a DUI if they are found with any detectable amount of alcohol in their system. A minor, however, may also be charged with DWI if they have a BAC of .08 or greater.
Do I have to submit to a Breathalyzer test?
While no one can really force you to submit to a Breathalyzer test , you need to be aware that there are penalties associated with refusing to comply with a law enforcement request for a breath test. Texas is an implied consent state. This means that all drivers who are lawfully arrested for DWI must submit to a breath or blood test or face penalties. If you refuse to comply with a breath or blood test, your driver’s license will be suspended for 180, if this is the first offense. If this is the second or third offense, your driver’s license will be suspended for 2 years.
Contact our experienced Fort Worth DWI attorneys for legal guidance you can trust
Facing the legal system when you are up against a DWI charge is intimidating. The potential punishments are great and it can seem like there are insurmountable hurdles in front of you. The Law Office of Kyle Whitaker provides experienced legal counsel you can trust. We are here to serve the people of Fort Worth as we fight against criminal charges. Contact us by calling (817) 332-7703 or contact us online.