Houston is the fourth most populated city in the United States. Reports say that there were over 4,000 alcohol-related traffic crashes in Houston.
When it comes to driving while intoxicated (DWI), there’s often a lot of confusion about the laws, penalties, and what to do if you find yourself in this situation. DWI laws are strict, and the consequences can be severe. But what does it all mean?
Here are five common questions people ask about DWI and their answers.
What Exactly is DWI?
DWI refers to operating a vehicle under the influence of alcohol or drugs. In many states, a driver is considered intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. This means even if you feel fine, you might still be over the legal limit.
However, DWI isn’t limited to alcohol or drugs. You can also get a DWI for driving under the influence of prescription medications or illegal substances. If you are pulled over for driving under the influence, you must contact a lawyer immediately. Only experienced DWI defense attorneys in Houston can help you overcome the challenges that follow.
What Are the Penalties for a DWI?
Generally, the penalties include:
- Fines: These can range from a few hundred to several thousand dollars.
- License Suspension: Your driver’s license might be suspended for several months to a year or more.
- Jail Time: In some cases, especially for repeat offenders, you could face jail time.
- Community Service: Courts often require community service as part of the sentence.
- Alcohol Education Programs: You might need to complete a program to learn about the dangers of driving under the influence.
The consequences are more severe if you have prior offenses or if you caused an accident while driving intoxicated.
Can I Refuse a Breathalyzer Test?
Yes, you can technically refuse a breathalyzer test, but there are consequences. Most states have “implied consent” laws, which means that by having a driver’s license, you agree to submit to testing if an officer suspects you of driving under the influence.
Refusing the test can lead to an automatic license suspension and, in some cases, additional fines and penalties.
What Should I Do If I Get Pulled Over for a DWI?
Here’s what you should do:
- Be Polite: Remain respectful and do not argue with the officer.
- Provide Required Documents: Give your license, registration, and insurance when asked.
- Avoid Admitting Guilt: You don’t have to answer questions about whether you’ve been drinking. You can say, “I prefer not to answer.”
- Consider Your Options: If asked to take a field sobriety or breath test, remember the possible consequences of refusal, but also understand your rights.
Will a DWI Stay on My Record Forever?
A DWI can have a long-lasting impact on your record, but how long it stays there depends on your state’s laws.
In some places, a DWI might stay on your criminal record permanently unless you take steps to have it expunged (removed). In other states, it may come off your driving record after a certain number of years, often five to ten years.
Final Thoughts
Facing a DWI charge can be overwhelming and confusing, especially if it’s your first time dealing with such a situation. The best way to avoid a DWI is to never drive after drinking or using substances that impair your abilities. If you find yourself in trouble, know your rights, and don’t hesitate to seek legal help. Whether you’re dealing with a DUI accident lawsuit Fayetteville or a DWI charge in Houston, legal representation is essential to navigating the complexities of the law and protecting your future.
