DWI Misconceptions

I can only be charged with DWI if I’m driving a car.

Texas state drunk driving laws apply to any motorized vehicle. You can be charged with DWI for operating a recreational vehicle such as an ATV or a boat while under the influence. The official term for Boating DWI is Boating While Intoxicated (BWI).

I can’t be charged for DWI if my BAC is below .08%.

The legal limit for alcohol consumption in the state of Texas is .08%. But certain drivers can still be impaired and therefore a hazard on the road with a BAC level much lower than .08%. If the police officer feels that you are impaired, you can be arrested and charged for DWI.

I can represent myself in court.

This is true, but completely against your best interests. Even a first-time DWI offender faces mandatory jail time; a good Houston DWI lawyer will keep you out of jail and keep your license from being suspended.

If I’m not convicted my license will not be suspended.

Every DWI arrest results in a temporary automatic license suspension. You have 15 calendar days to request a hearing with the DMV to maintain your license. Failure to request this hearing will result in a mandatory license suspension.

I can’t be charged with DWI if my drugs are prescription.

It is not legal drive under the influence of any type of drugs, prescription or not.

I can refuse to take a chemical sobriety test.

True, but refusing to take the test is a separate crime for which you will be required to spend 48 hours in jail. A refusal is also considered an enhanceable offense that will be used to increase your punishment if a conviction is reached.