Texas DWI Frequently Asked Questions

Yes, you can refuse field sobriety tests. These tests are voluntary in Texas and refusal cannot be used against you in court. However, refusing may give the officer other reasons to arrest you. Blood and breath tests have different rules - refusing these triggers automatic license suspension.

Automatic license suspension:
• First refusal: 180 days
• Second refusal within 10 years: 2 years

Additional consequences:
• Police may get a warrant for forced blood draw
• Refusal can be used as evidence of guilt
• Enhanced penalties if convicted
• You still face criminal DWI charges

Total costs can range from $12,000 to $25,000+

Breakdown:
• Base fine: Up to $2,000 (first offense)
• Court costs and fees: $3,000-$5,000
• Attorney fees: $2,500-$10,000
• DWI education: $100-$200
• License reinstatement: $125
• Ignition interlock: $100/month
• SR-22 insurance: $1,500-$3,000/year
• Lost wages from jail/court: Varies

First DWI jail time:
• Minimum: 3 days in jail
• Maximum: 180 days in jail
• Many first-time offenders receive probation instead

Factors affecting jail time:
• BAC level (0.15+ increases minimum to 6 days)
• Accident involvement
• Child passenger (enhances to felony)
• Prior criminal history
• County and judge policies

DWI convictions cannot be expunged in Texas.

However, you may be eligible for:
• Expunction: If charges were dismissed or you were acquitted
• Non-disclosure: If you received deferred adjudication probation

Requirements for non-disclosure:
• Successfully complete probation
• Wait 2-5 years after completion
• Pay required fees
• No other convictions during waiting period

DWI convictions are permanent in Texas.

Impact on future charges:
• Second DWI within 10 years: Enhanced penalties
• Third DWI ever: Felony charge
• Background checks: Visible to employers, landlords
• Professional licenses: May affect renewal
• Insurance: Higher rates for years

This is why fighting your first DWI is so important.

While not legally required, a DWI attorney is highly recommended.

What a lawyer can do:
• Challenge evidence and procedures
• Negotiate plea bargains
• Handle ALR hearing
• Protect your rights
• Navigate complex legal system
• Potentially reduce charges or penalties

Cost vs. benefit: Attorney fees are often less than the long-term costs of a conviction.