Frequently Asked Questions
What should I do after a DWI arrest?
After a DWI arrest, remain calm and avoid discussing your case with anyone except your attorney. It is important to contact a DWI defense lawyer as soon as possible because critical deadlines begin immediately after your arrest, including deadlines related to your driver’s license.
Will I lose my Driving License?
Possibly. Texas uses an Administrative License Revocation (ALR) process that can suspend your license after a DWI arrest.
In many cases, you only have 15 days to request an ALR hearing to challenge the suspension.
Can a DWI charge be dismissed?
Yes. Some DWI cases are reduced or dismissed due to:
- Illegal traffic stops
- Improper police procedures
- Inaccurate breath or blood testing
- Lack of probable cause
- Constitutional violations
- Weak evidence
Every case is different, and outcomes depend on the specific facts and evidence involved.
Should I refuse a breath or blood test?
Refusing a test may lead to automatic driver’s license suspension under Texas implied consent laws. However, every situation is different, and there is no universal answer that applies to every traffic stop.
If you refused testing, you should speak with an attorney immediately.
What is the legal alcohol limit in Texas?
For most drivers, the legal limit is:
- 0.08% Blood Alcohol Concentration (BAC)
Commercial drivers and drivers under 21 may face different standards and penalties.
How much does a DWI attorney cost?
The cost of legal representation depends on factors including:
- Whether the case is misdemeanor or felony
- Prior offenses
- Whether blood testing is involved
- Trial complexity
- License suspension issues
During your consultation, we can discuss the specifics of your case and potential defense options.
Can I go to jail for a 1st time DWI?
Texas law allows possible jail penalties even for first-time DWI offenses. However, many first-offense cases may involve alternatives such as probation, treatment programs, or negotiated outcomes depending on the circumstances
What happens if this is my 2nd DWI?
A second DWI offense carries enhanced penalties, including:
- Increased jail exposure
- Higher fines
- Longer license suspension
- Mandatory ignition interlock device requirements
Second-offense cases are often prosecuted more aggressively than first-time offenses.
What makes a DWI a felony in Texas?
A DWI may become a felony if:
- It is your third or subsequent offense
- A child passenger was involved
- The incident caused serious injury
- The incident resulted in death
Felony DWI charges can carry significant prison sentences and life-changing consequences.
Can I get an occupational driving license?
Possibly. Many drivers facing suspension may qualify for an Occupational Driver’s License (ODL), allowing limited driving privileges for work, school, or essential household activities.
Do I need an attorney for a DWI?
DWI cases involve complex legal, scientific, and procedural issues. An experienced attorney can review the evidence, protect your rights, challenge the prosecution’s case, and pursue the best possible outcome.
Why hire Mike Seiler?
Mike Seiler brings decades of courtroom experience as a:
- Former Judge
- Former Prosecutor
- Experienced Trial Attorney
We aggressively defend clients throughout Montgomery County and surrounding areas
