Frequently Asked Questions About DWI

Answers from Houston Criminal Defense Attorneys

  1. Will I lose my driver's license?
  2. Can I fight a DWI charge?
  3. Can I plea to a lesser offense?
  4. What are my rights at a traffic stop?
  5. Do I have to take a breath or blood test?
  6. What is a field sobriety test?
  7. Should I take the breath test?
  8. How many drinks does it take to get to a 0.08 blood alcohol level?
  9. Do I need a DWI attorney?

1. Will I lose my driver's license?
If you are convicted of a DWI, you will potentially lose your license. After an arrest, your license will be suspended unless you request an administrative license hearing, known as an ALR hearing, within 15 days. The DIC-25 form that was given to you by the officer serves as your temporary driver's license for 40 days or until your ALR hearing is completed, which can take several months. Hire a Houston DWI attorney from our firm to help content your license suspension at the hearing.

2. Can I fight a DWI charge?
Yes. In the state of Texas, a prosecutor must prove beyond a reasonable doubt you were intoxicated and, therefore, couldn't drive. When you work with an attorney from Stornello & Correro Law Firm, PLLC, we will aggressively defend your rights and fight your DWI charges.

3. Can I plea to a lesser offense?
No, the state of Texas does not allow a person to plea to a lesser offense. If you are arrested for a DWI, you will have to face DWI charges.

4. What are my rights at a traffic stop?
At a traffic stop, routine checkpoint or DWI stop, you have rights. It is important to remember these rights and exercise them freely. You have the right to remain silent and do not have to talk to a police officer. You also have the right to refuse any searches and can request the officer return with a warrant before searching you or your vehicle.

5. Do I have to take a breath or blood test?
This is where the law gets tricky - you do not technically have to submit to a breath or blood test; however, if you do not, you will automatically lose your license, even if you are sober. We advise clients to not agree to let police conduct a blood test unless they have a search warrant.

6. What is a field sobriety test?
In a field sobriety test, an officer will ask you to perform a series of tasks that will help determine your sobriety. Most commonly, you will be asked to walk in a straight line, stand on one leg and follow a pen with just the gaze of your eyes. Instead of submitting to the test, however, you should politely invoke your right to an attorney as often as necessary while you decline to take the test or answer any questions except about your name and date of birth. Provide the officer with your driver's license and insurance information.

7. Should I take the breath test?
We generally advise people to not take the breath test. You do not have to give law enforcement evidence against you, which is what the results can be used as during a criminal investigation. Moreover, the breath test machine may be inaccurate and unreliable.

8. How many drinks does it take to get to a 0.08 blood alcohol level?
There is no precise measurement for the actual amount of alcohol that it would take to reach the legal limit because important factors such as height, weight and health issues as well as alcohol level in the drink itself.

9. Do I need a DWI attorney?
It is always recommended that you immediately hire a Houston DWI Attorney after you are arrested for driving under the influence of drugs or alcohol. At Stornello & Correro Law Firm, PLLC, we are dedicated to our clients' well-being and will actively fight to help them achieve favorable case outcomes.

If you have questions or concerns, schedule a free case evaluation by contacting our office now.